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HomeMy WebLinkAbout2005/11/01-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 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 7:10 p.m. on Tuesday, November 1, 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 H The invocation was given by Reverend Don Wills, First Baptist Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Council Member Wheatfall, seconded by Mayor Pro tem Silcox, Approval of the minutes of the regular meeting of October 25, 2005, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Haskin absent. Agenda Item V Mr. Phillip Morenesco, Chairman for the Olimpiade Committee, introduced Special Emily Brusta and Danielle Ellis who represented Team USA as Youth Presentations Ambassadors of the 2005 "Olimpiade del Tricolore" in Reggio Emilia, Italy. They presented a gift to the City, which was accepted by Mayor Moncrief on behalf of the City. (Council Member Haskin assumed her chair at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 2 of 28 Council Member Jordan presented Certificates of Recognition to the following former board and commission members: Dr. Jane G. White Library Advisory Board Mr. Charles Rand City Plan Commission Ms. Willie M. Westbrook FW Commission for Women Mr. Andrew Podner Building Standards Commission The following individuals were not present in the Council Chamber Mr. Steven Wayne Cole City Zoning Commission, Scenic Preservation & Design Review Commission and FW Alliance Airport Zoning Commission Mr. Richard Aghamalian Library Advisory Board Ms. Grace E. Naji' FW Human Relations Commission Ms. Marjeanna Burge Disciplinary Appeals Board Ms. Ann McKinney Library Advisory Board Mr. James R. McCarty Parks & Community Services Advisory Board Ms. Karen Anisman FW Human Relations Commission Mr. Bill Frey Board of Adjustment&FW Alliance Airport Board of Adjustment Ms. Lynette Jensen FW Commission for Women Council Member Jordan presented a Proclamation for Community Hospice of Texas Month, to Ms. Andrea Green, Chief Executive Officer, Community Hospice of Texas and Mr. Howard McMahan, Board Chair, Community Hospice of Texas. Agenda Item VI Mayor Pro tem Silcox stated that a very successful Youth Town Hall was Announcements conducted on October 29, 2005 in the Council Chamber. He added that junior and high school students gathered to discuss issues relative to curfew hours and transportation and that he was part of this event. He also announced that starting today, I30 from Hulen Street to Collins Street in Arlington would have signs posted prohibiting 18-wheeler trucks from driving in the left lane. He added that this would be for a short duration and was being done as a pilot program to improve safety on the highway. He further stated that there would also be designated areas in Dallas that would also have the same restrictions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 3 of 28 Mayor Moncrief expressed appreciation to Arlington Mayor Cluck and Dallas Mayor Miller for their participation in addressing the highway safety issue. He added that if the restriction worked in these areas, it may also work on I35. He further stated that it was a way to avoid traffic jams and would be evaluated based on sound enforcement policies. Council Member Espino announced that a Town Hall meeting in the Riverside area entitled Chartering the Future of Riverside would be held on November 7, 2005, at 7:00 p.m. at La Hacienda Banquet Hall, 3000 Race. District 2 Advisory Council Riverside Community organized this event and will focus on the future of the Riverside Community. Residents will learn about the comprehensive plan, an update on the urban village concept for Six Points, expansion of I35 traffic and other issues. He emphasized this is an opportunity to learn and see how the City and the neighborhoods can work together to continue to redevelop, revitalize and preserve Riverside and all meeting participants will be invited to complete a survey. He also announced that there would be races November 4-6, 2005, at the Texas Motor Speedway and encouraged everyone to go out and support the races. Council Member Hicks announced that the District 8 Town Hall would be held November 5, 2005, starting with registration at 8:30 a.m. and going until noon, at O.D. Wyatt High School to discuss ways to positively work together. She added that the Mayor and representatives from Code Compliance and Police Department would be present to respond to any questions. Council Member Hicks also expressed condolences to the family of Roosevelt Sutton who passed away late last week. She added that he was a great community leader. She additionally stated that President Bush had requested that the U.S. flag be lowered at half staff at all federal buildings on November 2, 2005, in honor of the passing of Ms. Rosa Parks and requested the flag at City Hall also be lowered. Council Member Davis announced that XTO Energy would be having the ribbon cutting ceremony for their new location at the newly restored Baker Building on Houston and West 7th Street on November 3, 2005 at 4:00 p.m. She added that the company had completely restored the building to its original condition at great expense and encouraged everyone to go by and see the new building. Mayor Moncrief acknowledged the contribution of XTO Energy and stated they have become a major partner with the City and he appreciated their investment. He added that it was exciting when you see the kinds of investments they have CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 4 of 28 made in Fort Worth. They have also purchased the Landmark Building which would be coming down soon. Council Member Jordan recognized Boy Scouts from Troops 40 and 499 in the audience who attended the meeting working towards their Citizenship in the Community Badge. He also announced that on November 5, 2005, several members of the Council and City staff would meet with members of the Crowley Independent School District School Board and will be working in a joint effort to find out how to make both communities better with improvements to parks, streets, schools and public safety. Council Member Wheatfall also expressed condolences to the family of Roosevelt Sutton and stated that funeral services would be held November 4, 2005, at noon. He added that he was a great patriarc and counsel in the community. He announced that on November 4, 2005, A.M. Pate Elementary School would hold their literacy night, and at 6:30 p.m. the East Fort Worth Business Association would have its banquet at the Best Western off of I30 and Beach. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from C-21117 and C-21123 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-21117 be withdrawn. Withdrawn By 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 remaining items on the Consent Agenda as recommended and amended as follows: OCS-1521 M&C OCS-1521 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 5 of 28 G-14978 M&C G-14978 — Authorizing the City Manager to appoint and reappoint the Appoint and persons named below to the City's Construction and Fire Prevention Board of Reappoint Appeals effective November 1, 2005, and with terms expiring October 1, 2007: Construction and Fire Prevention Name Place Board of Appeals, Places 1, 3, 5 and 9 Mr. Carl Harkins 1 —Architect Mr. Don Guy 3 —Fire Protection Mr. David Ritz 5 — General Contractor Mr. Grady Kane 9—Plumbing G-14979 M&C G-14979 — Authorizing an additional $15,000.00 in compensation for Compensate accounting services provided by Emma S. Walker, P.C., to assist in the Emma S. Walker, completion of the FY 2004 Comprehensive Annual Financial Report (CAFR). P.C., to Complete FY 2004 CAFR G-14980 M&C G-14980 —Authorizing the City Manager to approve final payment to the Final Payment to Texas Department of Transportation (TxDOT) in the amount of $1,744,413.65 TxDOT for for the City of Fort Worth's remaining share for construction of Trinity Construction of Boulevard from Greenbelt Road to FM 157. Trinity Boulevard G-14981 M&C G-14981 — Authorizing the submission of a grant application in the Ord. No. 16673- amount of$44,470.00 by the City Manager on October 7, 2005, for a one-year 11-2005 grant from the Department of Homeland Security/Federal Emergency Grant Application Management Agency's (FEMA) FY 2005 Fire Prevention and Safety Grant to FEMA for FY Program; and adopting Appropriation Ordinance No. 16673-11-2005 increasing 2005 Fire estimated receipts and appropriations in the Grants Fund in the amount of Prevention and $44,470.00 subject to receipt of the grant from the Federal Emergency Safety Grant Management Agency, Department of Homeland Security, for the purpose of funding the Fire Prevention and Safety Grant Program. G-14982 M&C G-14982 —Authorizing the City Manager to accept additional funding for Ord. No. 16674- an existing grant contract (M&C C-20790) with the Texas Department of State 11-2005 Health Services (DSHS), formerly the Texas Department of Health, for Funding from $10,000.00 for the Texas Diabetes Program to provide additional community- Texas DSHS for based diabetes prevention and management programs from September 1, 2005, Texas Diabetes to March 29, 2006; adopting Appropriation Ordinance No. 16674-11-2005 Program's Comm. increasing estimated receipts and appropriations in the Grants Fund in the Diabetes Service amount of $10,000.00, subject to receipt of the Texas Diabetes Program's CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 6 of 28 Community Diabetes Service Projects Grant from the Texas Department of State Health Services, Chronic Disease Prevention Branch, for the purpose of funding community-based diabetes prevention and management programs; and waiving indirect costs of 18.34 percent of related salary and fringe benefits which are the most recent rates indicated by the Finance Department. G-14983 M&C G-14983 — Authorizing the rejection of all bids received for the asbestos Reject Bids and abatement and demolition of 924 Evans Avenue; and authorizing this purchase Rebid for Asbestos to be rebid. Abatement and Demolition G-14984 M&C G-14984 — Authorizing the City Manager to reject all bids received and Reject Bids and rebid for park improvements at Post Oak Village Park. Rebid for Park Improvements G-14985 M&C G-14985 — Authorizing the City Manager to reject all bids received and Reject Bids and rebid for ballfield improvements at Chamberlin Park. Rebid for Ballfield Renovations P-10259 M&C P-10259 — Authorizing a purchase agreement for testing and repair of Testing and large water meters with Vanguard Utility Service Inc., for the Water Repair of Large Department based on best value with payment due 30 days after receipt of Water Meters invoice; authorizing this agreement to begin November 1, 2005, and expire October 31, 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-10260 M&C P-10260 — Authorizing a purchase agreement with SHI Government Standard Solutions, Inc., for standard computer software packages for the Information Computer Technology Solutions Department; and authorizing the use of a State of Texas Software Packages Department of Information Resources contract to begin November 1, 2005, and expire May 23, 2006, with options to renew for three additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 7 of 28 C-21112 M&C C-21112 —Recommending that the City Council: Ord. No. 16675- 11-2005 1. Authorize the City Manager to execute a contract with Workforce Workforce Solutions for Tarrant County for $687,138.00 for the City to serve as Solutions for project manager for the Early Learning Opportunities Act Grant, to Tarrant County, create two neighborhood early literacy hubs and to contract for services Community and goods to fulfill the obligations of the grant; Services Center of the University of 2. Authorize the use of $124,988.00 for in-kind funds as part of the 15 Texas at percent required match for this grant; Arlington's School of Social Work, 3. Authorize waiver of indirect costs as a portion of the in-kind match; Camp Fire USA First Texas 4. Adopt Appropriation Ordinance No. 16675-11-2005 increasing Council, United estimated receipts and appropriations in the Grants Fund in the amount Way of Tarrant of $812,126.00 from available funds for the purpose of funding a County and contract with Workforce Solutions for Tarrant County to implement Liberation activities of an Early Learning Opportunities Act Grant; Community, Inc. 5. Authorize the execution of a contract with Community Services Center of the University of Texas at Arlington's School of Social Work in an amount not to exceed $48,567.00 for project evaluation, contingent upon receipt of the grant; 6. Authorize the execution of a contract with Camp Fire USA First Texas Council in an amount not to exceed $108,800.00 to conduct 175 parent education and caregiver training sessions including materials and conduct 180 onsite visits for technical assistance to childcare centers, family childcare providers and informal caregiver providers, contingent upon receipt of the grant; 7. Authorize the execution of a contract with United Way of Tarrant County in an amount not to exceed $90,000.00 to conduct a public relations campaign in the targeted areas and print a resource guide of early literacy resources, contingent upon receipt of the grant; and 8. Authorize the execution of a contract with Liberation Community, Inc., in an amount not to exceed $7,200.00 to conduct eight "Community of Leaders" training retreats for neighborhood stakeholders connected with Neighborhood Literacy Hubs. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 8 of 28 C-21113 M&C C-21113 — Authorizing the City Manager to execute a contract in the Basharkah amount of$93,000.00 with Basharkah Engineering Incorporated, for the design Engineering of improvements to the Heating/Ventilation/Air Conditioning system at the Fort Incorporated Worth Community Arts Center. C-21114 M&C C-21114 — Authorizing the City Manager to execute a contract with Kimley-Horn and Kimley-Horn and Associates, Inc., in the amount of $660,000.00 for the Associates,Inc. development of a roadway impact fee assessment policy. C-21115 M&C C-21115 —Recommending that the City Council: Ord. No. 16676- 11-2005 1. Adopt Appropriation Ordinance No. 16676-11-2005 increasing Ord. No. 16677- appropriations in the Culture and Tourism Fund in the amount of 11-2005 $69,600.00 and decreasing the unreserved fund balance by the same Huitt-Zollars, Inc. amount, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund; 2. Authorize the transfer of $69,600.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt Appropriation Ordinance No. 16677-11-2005 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$69,600.00 from available funds for the purpose of funding a delivery order under the City's Annual Architectural Services Agreement with Huitt-Zollars, Inc., for design services to develop a more pedestrian-friendly Rodeo Plaza; and 4. Authorize the City Manager to execute an amendment to a Delivery Order in the amount of $57,600.00, under the City's Annual Architectural Services Agreement with Huitt-Zollars, Inc., for design services to develop a more pedestrian-friendly Rodeo Plaza. C-21116 M&C C-21116 —Recommending that the City Council: Ord. No. 16678- 11-2005 1. Adopt Appropriation Ordinance No. 16678-11-2005 increasing Ord. No. 16679- appropriations in the Culture and Tourism Fund in the amount of 11-2005 $30,210.00 and decreasing the unreserved fund balance by the same A.N.A. amount, for the purpose of transferring said funds to the Specially Consultants, LLC Funded Capital Projects Fund; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 9 of 28 2. Authorize the transfer of $30,210.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt Appropriation Ordinance No. 16679-11-2005 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$30,210.00 from available funds for the purpose of funding a contract with A.N.A. Consultants, LLC, for the property ownership and floodplain determination and survey of Rodeo Plaza from East Exchange Boulevard on the south to Stockyards Boulevard on the north; and 4. Authorize the City Manager to execute a contract in the amount of $25,210.00 with A.N.A. Consultants, LLC, for the property ownership and floodplain determination and survey of Rodeo Plaza from East Exchange Boulevard on the south to Stockyards Boulevard on the north. C-21118 M&C C-21118 — Authorizing the City Manager to execute a Discretionary TXU Electric Service Agreement with TXU Electric Delivery Company to construct Delivery Company approximately 2,500 linear feet of structure to protect its duct line facilities on Lancaster Avenue from Taylor Street to Commerce Street, at an estimated cost to the city of$542,148.90. C-21119 M&C C-21119 — Authorizing the City Manager to execute Amendment No. 8 Amendment No. 8 to City Secretary Contract No. 26994 with LopezGarcia Group, formerly to CSC No. 26994 Wendy Lopez and Associates, Inc., in the amount of $1,615.25 for additional —LopezGarcia design for Water and Sanitary Sewer Extension for the Bryson Tract Area Group (Annexation A-00-23), thereby increasing the contract amount to $138,458.61. C-21120 M&C C-21120 —Approving the acceptance of a lease agreement for natural gas Keystone drilling under 140.3849 mineral acres, more or less, of City-owned properties Exploration, Ltd. known as the Buck Sansom Park located in Tarrant County, Texas, with Keystone Exploration, Ltd., for a two-year term. C-21121 M&C C-21121 — Authorizing the transfer of$1,292,767.00 from the Water and Ord. No. 16680- Sewer Fund to the Water Capital Projects Fund; adopting Appropriation 11-2005 Ordinance No. 16680-11-2005 increasing estimated receipts and appropriations Cleburne Utility in the Water Capital Projects Fund in the amount of $1,292,767.00 from Construction, Inc. available funds for the purpose of funding a contract with Cleburne Utility Construction, Inc., for water main extensions, replacements, and relocations, Contract 200513; and authorizing the City Manager to execute a contract with CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 10 of 28 Cleburne Utility Construction, Inc., in the amount of $1,125,210.00 for water main extensions, replacements and relocations, Contract 2005B. C-21122 M&C C-21122 — Authorizing the execution of one Drainage Channel One Prairie Maintenance Agreement from One Prairie Meadows, Ltd., and the Villages of Meadows, Ltd. Woodland Springs Homeowners Association, Inc., for property located in north and Villages Fort Worth (DOE 4795). Woodland Springs Homeowners Association, Inc. C-21124 M&C C-21124 — Authorizing the rescinding award of contract to Cleburne Rescind Award of Utility Construction, Inc., for Sanitary Sewer Rehabilitation Contract LV (55), Contract to Part 1, Unit 2; and authorizing readvertising the project for bid at a future date. Cleburne Utility Construction, Inc. C-21125 M&C C-21125 —Approving the acceptance of a lease agreement for natural gas Four Sevens Oil drilling under 5.648 mineral acres, more or less, of City-owned properties Co., Ltd. known as the Meadowbrook Water Tank property, located in Tarrant County, Texas, on Bridge Street north of I-30, with Four Sevens Oil, Co., Ltd., for a two-year term. C-21126 M&C C-21126 — Authorizing the City Manager to execute a contract with Intercon Intercon Construction Company, Inc., in the amount of $292,375.00 for Construction demolition and asbestos abatement services for 33 structures adjacent to Fort Company, Inc. Worth Meacham International Airport. C-21127 M&C C-21127 — Authorizing the City Manager to execute an amendment to Amend CSC No. City Secretary Contract No. 28148 with the North Central Texas Council of 28148 - North Governments for the period of October 1, 2005, through September 30, 2006. Central Texas The amendment specifies that the City of Fort Worth's cost share for Council of administrative and implementation assistance as part of the regional storm Governments water management program is $16,747.00 during FY 2005-06. C-21128 M&C C-21128 — Authorizing the City Manager to execute a contract with Carter & Burgess, Carter & Burgess, Inc., in the amount of $753,777.38, for Phase VI of the Inc. Program Management Services for the Runway Extension Project at Fort Worth Alliance Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 11 of 28 C-21129 M&C C-21129 — Authorizing the City Manager to execute a second written John L. Dubosque consent to Deed of Trust Lien by John L. Dubosque in favor of First State Bank Texas for lease site E-4 at Fort Worth Spinks Airport. The motion carried. End of Consent Agenda. Agenda Item X Mayor Moncrief requested Council's consideration for the appointment of Presentations by Frank Bailey to the Golf Advisory Board, and on motion of Council Member City Council Davis, seconded by Council Member Espino, the motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3270-11- There was presented a resolution appointing Reby Carey as the District 5 2005 representative to the Fort Worth Transportation Authority (FWTA) Executive Appoint Reby Committee, effective October 1, 2005, and with a term expiring September 30, Cary to FWTA 2006. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Executive Silcox, that Resolution No. 3270-11-2005 be adopted. The motion carried Committee unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-14986 There was presented Mayor and Council Communication No. G-14986 from Amend Section the City Manager recommending that the City Council adopt an amendment to 11.9 of Policy for the Section II.9, "Modification of Requirements" to add an appeals process to Installation of the Policy for the Installation of Community Facilities of the Policy (CFA) to Community include a provision for a formal appeal of the City's proportionality Facilities determination regarding traffic impacts and corresponding CFA requirements. 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. G-14987 There was presented Mayor and Council Communication No. G-14987 from Amend Section the City Manager recommending that the City Council approve amending 11.8 of Policy for Section II.8, "Modification of Requirements", of the Policy for the Installation Installation of of Community Facilities to change the responsible party and to create a Community materials testing fee to be collected through the Community Facilities Facilities Agreement. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, 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 NOVEMBER 1, 2005 PAGE 12 of 28 G-14988 There was presented Mayor and Council Communication No. G-14988 from Amend Section the City Manager recommending that the City Council adopt an amendment to 11.6 of Policy for Section II.6, "Modification of Requirements", of the Policy for the Installation Installation of of Community Facilities to eliminate the City's requirement to prepare partial Community pay estimates on developer projects without City participation. Council Facilities Member Davis made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-14989 There was presented Mayor and Council Communication No. G-14989 from Ord. No. 16681- the City Manager recommending that the City Council authorize the City 11-2005 Manager or his designee to accept a monetary donation of$16,000.00 from the Monetary Sharma Family to fund the procurement of a Krimesite Imager; and adopt an Donation for ordinance increasing estimated receipts and appropriations in the Special Trust Krimesite Imager Fund in the amount of $16,000.00 from available funds for the purpose of funding a Krimesite Imager for the Police Department. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the recommendation and Appropriation Ordinance No. 16681-11-2005 be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. G-14990 There was presented Mayor and Council Communication No. G-14990 from Ord. No. 16682- the City Manager recommending that the City Council adopt an ordinance 11-2005 adjusting the total number of authorized civil service positions at each Adjust Civil classification (rank) in the Fire Department for Fiscal Year 2005-2006; Service Staffing providing for the creation of one additional captain position; two additional for Temporary lieutenant positions; three additional engineer positions; eight additional Fire Station 41 firefighter positions; providing a statement of purpose and intent. Council Member Burdette made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16682-11-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-14991 There was presented Mayor and Council Communication No. G-14991 from Name East the City Manager recommending that the City Council authorize the City Stairwell at Fort Manager to name the East Stairwell at the Fort Worth Public Central Library in Worth Public recognition of Ruth Brock and Allan Saxe, upon the recommendation of The Central Library Fort Worth Public Library Foundation. 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 NOVEMBER 1, 2005 PAGE 13 of 28 Public Hearing It appeared that the City Council set today as the date for a public hearing to G-14992 designate Tax Abatement Reinvestment Zone No. 53, City of Fort Worth, Ord. No. 16683- Texas. Mayor Moncrief opened the public hearing and asked if there was 11-2005 anyone present desiring to be heard. Designate Tax Abatement Ms. Ardina Washington, Business Development Coordinator, appeared before Reinvestment Council, gave a staff report, and called attention to Mayor and Council No. G- Zone No. 53 14992, as follows: There was presented Mayor and Council Communication No. G-14992 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 53, City of Fort Worth, Texas; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Fifty- Three, 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 an in accordance with Chapter 312 of the Texas Tax Code. 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 Espino, that the public hearing be closed and Mayor and Council No. G-14992 and Ordinance No. 16683-11-2005 be adopted. The motion carried eight (8) ayes to one (1) nay, with Mayor Pro tem Silcox casting the descending vote. Public Hearing It appeared that the City Council set today as the date for a public hearing for L-14143 conversion of 5,000 square feet of Rockwood Park for use of public right-of- Convert Portion of way. Mayor Moncrief opened the public hearing and asked if there was anyone Rockwood Park present desiring to be heard. for Public Right- of-Way Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Services, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14143, as follows: There was presented Mayor and Council Communication No. L-14143 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists for providing the needed conversion of a 5,000 square foot portion of Rockwood Park; find that the proposed conversion includes all reasonable planning to minimize harm to Rockwood Park; and close the public CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 14 of 28 hearing and authorize the City Manager to convert 5,000 square feet of dedicated parkland for use as public right-of-way to be placed on a portion of land situated in Rockwood Park, located in the Peter Schoonover Survey, Abstract No. 1405, City of Fort Worth, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. L-14143 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 for L-14144 conversion of Southwest Community Park for the subsurface drilling and Convert extraction of gas. Mayor Moncrief opened the public hearing and asked if there Southwest was anyone present desiring to be heard. Community Park for Subsurface Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Drilling and Services, appeared before Council, gave a staff report and called attention to Extraction of Gas Mayor and Council Communication No. L-14144, as follows: There was presented Mayor and Council Communication No. L-14144 from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and extraction of natural gas on land situated in Southwest Community Park, located in the R.J. Ware Survey, Abstract No. 2008, and the Juan Jose Albirado Survey, Abstract No. 4, Tarrant County, Texas. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in support of this issue. He stated that while he was a member of the City Council, Acting Assistant City Manager Richard Zavala, acting in his capacity of Parks and Community Services Department Director, came to the Council with the option of possibly buying this parcel of land as an alternative to a 43-acre site at Risinger Road and Hulen. He asked for Council support for changing to this parcel of land and it has turned out to be provident that the switch was made. He added in the process the City did not have the development to support building the park although there was still $750,000.00 available from a previous CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 15 of 28 bond program to make improvements to the park. He stated that money would not go very far on today's economy. He added that he knows that there was now a new park drilling set of rules of how the distribution of monies would be made, but asked that the Council consider strongly diverting more money into this park. He stated people have waited a long time for the park and the money from the gas drilling would assist the community in their agreement with the Crowley School District for support of a Natatorium on park property. Michael DeLos Mr. Michael DeLos Santos, 1740 Scenery Hill Road, appeared before Council Santos in opposition of the conversion of the park for subsurface drilling and extraction of gas. He stated that the City was moving to quickly with drilling inside the City limits and issuing leases on land for drilling. He asked that the Council set this issue aside and let the City's Task Force do their job. He asked that the Council ensure the City had the best, safest, and most economical ordinance as possible for the City, and that the City could benefit from the wealth below it. He expressed concern that the citizens have the ability to enjoy the quality of life and not have dangerous wells in parks or next to libraries. Council Member Jordan thanked Mr. DeLos Santos for his comments. He clarified to Mr. DeLos Santos one of the reasons he asked the Council and staff to accelerate the review and process in this park was so that it could be done before homes closed in on the park. He stated right now it is opportune as there are no homes near this area. He added that the City was working in cooperation with the Crowley ISD and the County to develop plans to develop this park. He further stated that as Mr. Picht eluded these are assets that would not otherwise be available for this park and the park would remain idle for many years if the City did not proceed. Mayor Pro tem Silcox stated that there could not be a more opportune time to do drilling as development in this area had just started and the drilling could be done without noise being a concern. He added that there was a minimal chance of the gas line blowing up as the drilling was using a low-pressure field. There being no one else present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14144 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 16 of 28 PZ-2631 There was presented Mayor and Council Communication No. PZ-2631 from the Eave Overhang City Manager recommending that the City Council authorize the City Manager and Fence to enter into a consent agreement with Caroline Mosier, allowing an eave Encroachment at overhang and fence encroachment at 1600 Elizabeth Boulevard. 1600 Elizabeth Boulevard City Manager Boswell stated that the M&C needed to be amended to reflect the property owner's name being "Caroline Elizabeth Mosier". Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21107 There was presented Mayor and Council Communication No. C-21107, dated Boys & Girls Club October 25, 2005, from the City Manager recommending that the City Council of Greater Fort authorize the City Manager to execute a contract with the Boys & Girls Clubs Worth of Greater Fort Worth to operate the Comin' Up gang intervention program. Mayor Pro tem Silcox made a motion, seconded by Council Member Espino, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21117 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21117, Adopt Appropriation Ordinance and Authorize Execution of an Advance Funding Agreement with the Texas Department of Transportation for the Construction of Storm Drain Improvements along Riverside Drive (US HWY 287 Business), be withdrawn. C-21123 There was presented Mayor and Council Communication No. C-21123 from the Four Sevens Oil City Manager recommending that the City Council approve the acceptance of a Co., Ltd. lease agreement for natural gas drilling under 4.929 mineral acres, more or less, of City-owned properties known as the East Regional Library property, located in Tarrant County, Texas, on Bridge Street north of I-30, with Four Sevens Oil Co., Ltd., for a two-year term. Khalil Ayoub Mr. Khalil Ayoub, 1913 Martel Avenue, appeared before Council in opposition of the drilling under the library. He stated that the gas wells are getting closer and closer to established residential areas as opposed to being further out. He added that he wanted Council to seriously consider the impact on residential areas and property values that can be impacted by the presence of gas wells. He further stated that drilling a few hundred feet from a house was not appropriate. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 17 of 28 Council Member Wheatfall requested clarification on if the City's gas well policy specified how many particular gas well rigs the City could have in one location. He added stacking the wells would actually add to the noise volume thereby creating a significant nuisance to the neighborhood. He also asked if there was a distance requirement between the rigs. Mr. Doug Rademarker, Engineering Department Director, stated the ordinance did not have a requirement or specific limit on the number of rigs at one site. He stated, however, what was being found was that rigs were scarce and a tough commodity to have. He added that typically the same rig would be used to drill multiple wells off of one pad site. He further stated that this is probably an issue that could be discussed with the Citizens Advisory Group. Council Member Wheatfall stated that he would prefer the City look at impacting the neighborhood as little as possible relative to noise and visual impact. C-21130 There was presented Mayor and Council Communication No. C-21130 from the Allied Electronics, City Manager recommending that the City Council authorize the City Manager Inc. to execute the Tax Abatement Agreement with Allied Electronics, Inc., and related findings of fact by the City Council; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Allied Electronics, Inc., are true and correct. Council Member Haskin 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-21131 There was presented Mayor and Council Communication No. C-21131 from the Ridglea Hills City Manager recommending that the City Council authorize the City Manager Development Co., to execute a community facilities agreement with Ridglea Hills Development L.L.C. Co., L.L.C., for the installation of water and sewer services to serve Ridglea Hills Garden Homes, a development in the City of Fort Worth, Texas. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21132 There was presented Mayor and Council Communication No. C-21132 from the Synergy Industrial City Manager recommending that the City Council authorize the City Manager Park,LTD. to execute a Community Facilities Agreement with Synergy Industrial Park, LTD., for the installation of offsite water and sewer services to serve Synergy Industrial Park West, a development located in far north Fort Worth. Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 18 of 28 Member Espino made a motion, seconded by Council Member Davis that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21133 There was presented Mayor and Council Communication No. C-21133 from the PNL Fort Worth, City Manager recommending that the City Council authorize the City Manager L.P. to execute the Economic Development Program Agreement (subject to non- material final changes agreed to by the parties) with PNL Fort Worth, L.P., related to the redevelopment of the South Tower and Outlet Mall of the former Tandy Center; and find that the terms and conditions of the Agreement constitute a custom-designed economic development program that will promote local economic development and stimulate commercial activity in the City, as recommended by the 2005 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Dot Henderson Ms. Dot Henderson, 1709 Ridgmar Boulevard, appeared before Council in opposition of the abatement. She expressed concern with the City's investment in this abatement compared to the developer's return on investment, especially if the developer did not meet contractual requirements by June 30, 2009. She questioned the expenditure of more funds when the developer had previously secured a contract with the City in the amount of$9,000,000.00 after ten years for limited public parking in his garage. She added that the Council needed to take a stand on unethical business requests and that the City did not need a project that required taxpayers to subsidize the developer. She further stated that the developer should not receive City grants and should expect to pay his fair share of taxes along with other Fort Worth developers, other businesses, and individual taxpayers. Mr. Jay Chapa, Economic and Community Development Assistant Director, stated the parking garage was an agreement between the Downtown TIF district and the developer that allowed for the parking garage to be leased by the TIF for free parking to the public on weekends and after 5:00 p.m. on weekdays. He added that amount of TIF dollars was taken into consideration when the proposal was put together and the staff analyzed what the gap of the overall project was. He added that the gap was reduced by that amount in the proposal. He further stated that the $11M was the total amount of the payout over the life of the 380 agreement and the net present value of the actual gap was $63M. He clarified that as far as the requirements to the money spent, there is a minimum threshold that must be spent on the project in order for the agreement to go forward in 2009. If the developer does not meet that commitment, in order for the grant to go forward, the Council, at that time, would need to amend the agreement to allow that to happen. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 19 of 28 Council Member Davis stated that almost $5M of public-private partnership money that was going for redevelopment of this project was being used for public projects such as to demolish the Throckmorton overhang on Throckmorton and to reopen 2nd Street which is important to open the grid system in Fort Worth. Another portion will go towards the asbestos abatement of the building, the new public parking, an elevator and stairway to the public park, and making the sidewalk ADA compliant. She added that under the terms of the agreement, in order for the developer to earn the full portion of the incentive under this agreement, a total of $68M must be spent on the redevelopment of the project in a particular way to deliver a particular product and that product is the residential and retail component. She clarified the monies being used to support the project come strictly from the new investment on the building itself, no monies would be taken from the City's General Fund or other sources in order to compensate this developer or pay the City's portion of this development agreement. She stated instead only the new taxes earned by virtue of the new development would be used as part of the partnership. She added if the investment does not occur, the City would be out absolutely no money. Council Member Wheatfall asked that the City Manager provide future economic development agreements in the same outlined format as provided on this project. Council Member Davis made a motion, seconded by Council Member Espino, that the recommendation be adopted. The motion carried eight (8) ayes to one (1) nay, with Mayor Pro tem Silcox casting the descending vote. (Council Member Espino stepped away from the dais.) Agenda Item XIV It appeared that the City Council set today as the date for the first public First Public hearing for a proposed voluntary annexation of approximately 326.56 acres of Hearing for land located west of US Highway 287 and south of Blue Mound Road (AX-05- Proposed 027, Vann Cattle/Todd Group). Mayor Moncrief opened the public hearing and Voluntary asked if there was anyone present desiring to be heard. Annexation (AX-05-027, Vann Ms. Allison Gray, Development Coordinator, appeared before Council, gave a Cattle/Todd staff report and stated that the second public hearing should be set for Group) November 15, 2005. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 20 of 28 There being no one present desiring to be heard in connection with the first public hearing, Council Member Burdette made a motion, seconded by Council Member Jordan, that the public hearing be closed. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. AGENDA ITEM XV—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL (Council Member Espino returned to his chair at the dais.) ZC-05-177 It appeared that the City Council, at its meeting of October 18, 2005, continued Approved the hearing of the application of Barbara Lyon and W.J. Morrison for a change in zoning of property located in the 7500 block of Ederville Road from "A-5" One-Family Residential to "B" Two-Family Residential, Zoning Docket No. ZC-05-177. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Barbara Lyon and W.J. Morrison, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-177 be approved. The motion carried unanimously. The motion carried unanimously nine (9) ayes to zero (0) nays. 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 Espino, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 21 of 28 ORDINANCE NO. 16684-11-2005 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 nine (9) ayes to zero (0) nays. Item XVI Ms. LuWona Carver, 8005 Ashridge Road, appeared before Council and stated Citizen that the Task Force for Downtown Vending was complete and she was Presentations informed that the issue would go before Council in December or January. She LuWona Carver requested that it be moved to November 15, 2005. City Manager Boswell stated that the City just got the report from Andy Taft with Downtown Fort Worth, Inc., in the last few days and staff would endeavor to bring it to the Council as soon as possible. Calvin Clayton Mr. Calvin Clayton, President of South Hemphill Heights Neighborhood Association. He stated that they won the model block grant this year and that they were having their Blitz on November 5, 2005, and invited everyone to attend. He added that the community was trying to revitalize the fire house to make it into a community center. He stated the Blitz would begin with a parade on Friday at 9:30 a.m. and that there would be food, entertainment and a health fair. Council Member Davis congratulated South Hemphill Heights and that she would be at the celebration. She added that on the same day at 2:00 p.m. the Berry Street Revitalization Group will be kicking off their celebration at Capps Park for the beginning of the asthetic improvements to Berry Street. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 22 of 28 Alan Carlton Mr. Alan Carlton, 5833 Geddes, appeared before Council and complained that he was not allowed to file a racial profiling complaint with Internal Affairs at the Police Department. He alleged that he had an officer attempted to kill him and when he tried to file complaint about that, during the interview he was told that the video machine did not work and he had to go into another room to re- record his complaint. Mayor Moncrief asked him to meet with Assistant City Manager Joe Paniagua to resolve his concerns. Peter Roccas Mr. Peter Roccas, 616 N. Riverside Drive, appeared before Council relative to an easement for water taps on his property. Council Member Espino stated that he had visited with Mr. Roccas and referred him to City legal staff. He added that the City's legal staff had visited by phone with Mr. Roccas' attorney and he stated that the City was continuing to work towards an amicable resolution to this dispute. City Attorney Yett stated that he had met with Mr. Roccas before he was represented by Counsel and the law staff had talked with his legal counsel as well, and would continue to do so to resolve this issue. He added that he would provide a report to Council on this issue. Peggy Hickey Ms. Peggy Hickey, 2205 Robinwood Drive, speaking on behalf of her mother Alta L. Tankersley, 11530 Willow Springs Road, Haslet, Texas, and her brother, Mat Tankersley, 11490 Willow Springs Road, Haslet, Texas, appeared before the Council and requested their property be removed from the annexation plan, or a deferment date several years from now. Alta L. Tankersley Ms. Alta L. Tankersley, 11530 Willow Springs Road, Haslet, Texas, appeared before the City Council and stated that she lived too far away from the City to be in Fort Worth. She added they have raised crops and hay to feed horses and cattle. She pointed out that they cannot do this in the City limits. Assistant City Manager Dale Fisseler clarified that the property was in the 287 area that Council would consider on November 8, 2005. He added it was surrounded by the area that had requested voluntary annexation and falls into the southern end of the 287 area that would be considered by Council. He further stated that a number of meetings had been held in the area and City staff tried to address questions that were raised about annexation. He further stated that the City was trying to document what conditions were in existence today so CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 23 of 28 that the grandfather clause would be adequately documented and the current use continued. Council Member Burdette reiterated comments made by Assistant City Manager Fisseler. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council relative to City Charter provisions that allowed Council Members to continue to serve on the Council although they had filed for another public office. He cited Attorney General Greg Abbott's response in July 2004 that a home rule city with two- year terms may provide in its charter that the Mayor or Council Member who became a candidate for another office automatically vacated the current office. He requested that the Charter provision be reviewed and see where this applied to the City of Fort Worth. Mr. Picht also addressed the Code of Ethics for the City of Fort Worth that was created in 1978 and recommended that the code be revisited. He also invited the Council's attention to the composition of the Ethics Review Committee and the fact that it did have several powers, none of which were being complied with. He stated that the commission was supposed to have quarterly meetings, but that there had not been an Ethics Committee convene since before he was on the Council. He further stated that to show the public they could have confidence in the Council and City Staff, an updated Ethics Code and Committee was needed. The following individuals appeared before Council relative to complying with the City Charter regulating Council Members' serving on the City Council once they have filed for another elective office. They objected to the ruling that the Texas Constitution should override the Charter provisions. They cited various case laws and Attorney General opinions that they felt supported their position that once a Council Member has filed for another elective office, then that person should leave the Council. Wanda Conlin, Ms. Wanda Conlin 1755 Martel Avenue Norm Bermes Mr. Norm Bermes 316 Palo Verde City Attorney Yett stated that he respected the right of the citizens to disagree with his legal opinion, but his opinion was that the City had to follow both the City Charter and the mandate of Texas Constitution that provided that elected officials would continue to serve until their successor was duly qualified. He explained that the mechanism for selecting a successor to the City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 24 of 28 Member was by calling a Special Election and that the earliest uniform election date for calling the election was May 2006. Under the Constitution, Council Member Haskin would continue to serve until that election was held. He added that there was an Attorney General opinion that directly agreed with his position that was issued in 1996 that construed the current version of the City Charter. He added the cases that were cited earlier and the Attorney General opinion, and the Willis case in 1964 was under an earlier version of the Charter before single-member districts and there was a mechanism in the Charter at that time for a Council Member to be replaced by a majority vote of the remaining Council Members, which indeed happened. He pointed out there was no holdover provision discussed in that case because it was not needed. There was already a replacement and a mechanism to do that. City Attorney Yett advised that had since been changed and it was the election process now that determined the successor to a Council Member who forfeited their office under the Charter. He added that since the City no longer had that appointment provision in the Charter, he remained convinced that the City had to follow both the holdover provision of the Constitution and the City Charter, and that the City was following the correct legal approach at this time. Council Member Wheatfall asked if he was correct in the assumption that the City Charter did not have a holdover provision. City Attorney Yett stated the holdover provision that the City was relying on was a provision in the Texas Constitution and that Constitutional provision overrides the Charter provision to the extent that there was a conflict. Council Member Wheatfall requested clarification on the 2004 Attorney General's opinion and whether that opinion stated that the enforcement of Section 8 of the City Charter was not in violation of the Texas Constitution. City Attorney Yett responded by stating it cited the Willis case in support of the proposition that these types of clauses are valid, and he believed they are valid to the extent to where there is a forfeiture of office and a requirement to call a special election. He added the difference is that the Constitution will override until the successor to that Council Member is elected, and therefore it is a partial override of that provision. Council Member Wheatfall referenced the situation surrounding his predecessor on the Council and provided his personal experience when that individual filed to run again for the Council after loosing his County race. He added that ultimately the City needed to change the Charter to provide some CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 25 of 28 consistency in order that the citizens were protected from this type of voter confusion or the City had violated the spirit of the Charter and their responsibilities to the citizens of Fort Worth. He added by defacto when there was a member of the Council who goes out to public meetings and conducted the business of a candidacy instead of the office they hold, then they vacated their seat in the sense of they no longer represent that place because that representative was no longer just representing the City issues but also the candidacy of the office they were seeking. Council Member Hicks asked for an explanation of what happened when Council Member Barr decided to run for Mayor. City Attorney Yett stated that was the genesis of the letter opinion issued by the Attorney General. In December 1995, then Mayor Kay Granger announced her candidacy for Congress and Council Member Barr announced his candidacy for Mayor. The City Attorney at that time had given the opinion that both had immediately forfeited their office in accordance with the Charter and he was asked to secure a second opinion due to the importance of the issues. Through a legislator, the City was able to secure that opinion. The Attorney General looked at the City Charter and concluded that the Constitution required both officers to serve until their successor was duly qualified. In the case of the Mayor, there was a provision in the Charter where the Mayor Pro tem immediately stepped into the chair of the Mayor so there was no vacancy. That was a mechanism for having a successor in that office. He added to replace Council Member Barr a special election was required and he was required to return and represent his district until the special election. City Attorney Yett stated that the City had been following that Attorney General opinion since then. Council Member Davis pointed out that the State law and City Charter worked in a way that was appropriate. She stated the issue was whether a district was represented. If the Charter were adhered to and a Council representative who runs for another office was required to forfeit that seat immediately, that seat goes unrepresented until the time a special election could be held. She added that was a concern that was the genesis for this Constitutional provision, which was that an officer cannot abandon their duties and that the persons who are represented by that elected official should have the benefit of continued representation. She further stated that where something conflicts with that, that overrides it. Council Member Davis reiterated comments made by City Attorney Yett. She pointed out that former Council Member Barr was required to come back and serve in the seat and continue in accordance with the State CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 26 of 28 Constitutional requirement to represent his district. She added that as the Council looked at ways to address this issue in the Charter, it was functioning as it should. She was not sure if the City would have an opportunity, without usurping the voters of a particular district, to resolve the conflict that exists by virtue of the State Constitution. She added that she did not think it was the case that this City wanted the City Council to select a Council Member from a particular district to fill a vacancy because that was certainly under a single member district type of representative body and was a usurption of the people who live in that district to decide for themselves who their representative will be. She added the voters of District 4 had decided that Council member Haskin is the representative that they desired. Council Member Davis stated she certainly would not want to favor a Charter amendment that would put the City back in the old situation prior to single member districts where the Council would usurp that choice and place another person in the District 4 seat who may or may not be the chosen or desired person of the voters of District 4. Council Member Espino stated that there was no question that a Home Rule City can have the forfeiture provisions. He added, however, as City Attorney Yett stated, there is a Constitutional provision, the holdover provision, that comes into play. He added that he believed that there was some inconsistency of the way the Mayor's position is treated and the Council Member position is treated. He pointed out if citizens are interested in reconciling the inconsistencies in the Charter, the City was in the middle of Charter amendment hearings. If terms were longer than two years, for example three or four years, there is an automatic resignation provision in the Texas Constitution that requires a special election very quickly regardless of the uniform election date. He added that the Attorney General Abbott opinion deals with the basic holding that a forfeiture provision is valid, but the Attorney Gerneral Morales opinion states that the Texas holdover provision in the Constitution comes into play because the citizens do not want a single member district unrepresented. Mayor Pro tem Silcox stated that he disagreed with City Attorney Yett's opinion. He stated that the State Constitution governed General Law Cities not Home Rule Cities and he believed that what City Attorney Yett had quoted was for General Law cities. He added that he had taken the information to three separate attorneys and all have disagreed with City Attorney Yett's opinion. He summarized the instances where four City employees had resigned their positions when they filed for an elective office. He suggested that the Charter needed to be written in such a way that when a person resigns to run for another office, that person is gone from serving on the Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1, 2005 PAGE 27 of 28 City Attorney Yett pointed out that the Texas holdover provision in the Constitution applied only to elected officials and that was why City employees were not covered by that clause. Council Member Wheatfall stated that the Council needed to entertain a Charter amendment that dealt specifically with a Council Member because there would always be an opportunity for double jeopardy with the present provision. He pointed out because the County elections occur in March and the City's special elections in May, there would always be an opportunity for a member of this Council to vacate and run for a County position or any partisan seat and thereby make this actually a partisan body. He stated by providing for the immediate vacation of the seat, the Council did not have to deal with the partisan politics becoming a part of their decision-making process. He added that he would like to see an amendment to the Charter that once someone files for another office they have to at least sit out another term before they can re-run for a seat on the Council. Council Member Burdette stated that he and other members of the Council were clients of the City Attorney. He added whether he agreed or disagreed with the City Attorney, there was some obligation on the part of the Council Members to abide by the advice of the City Attorney. He agreed there was a lot of confusion in these various prior cases and Attorney General opinions. He stated he thought that the City Council should abide by the opinion of the City Attorney. Council Member Hicks stated that the Charter was confusing and made things difficult. She added that while the City was in the process of amending the Charter, this issue should be included. Mayor Moncrief stated that District 4 was currently represented by someone who was elected to represent the district, not someone who was appointed by the Council. He added that is the way it was intended until that is changed by the electorate and not by the City Council. He added that he knew there were some political agendas out there, but he did not think the Council meeting was a place for those agendas to be discussed, the appropriate place was at the ballot box. Mayor Moncrief stated as far as the Charter review process was concerned, the committee's charge was to gather input. He stated they in-turn are to come back to the Council with recommendations on anything that was not included that they deem needed review. He added that the confusion alone gives the Council plenty of room to consider adding this issue to the ballot in some form in an attempt to clarify what the City wanted the Charter to accomplish in concert not in conflict with the Constitution. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 1,2005 PAGE 28 of 28 Mayor Pro tem Silcox stated that the final meeting for the Charter review process would be at 6:30 p.m., November 2, 2005, at the R.D. Evans Community Center, 3432 Lackland Road. Agenda Item There being no further business, the meeting was adjourned at 9:24 p.m. in the XVIII memory of Reverend Roosevelt Sutton. Adjournment These minutes approved by the Fort Worth City Council on the 8th day of November, 2005. Attest: Approved: Marty Hen ix Mic ael J. ncrief City Secretary Mayor