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Home My WebLink About2010/03/23-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:34 a.m. on Tuesday, March 23, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION m Pastor Ted Kitchens, Christ Chapel Bible Church The invocation was provided by Pastor Ted Kitchens, Christ Chapel Bible Church. Pastor Kitchens introduced Pastor David Holland, Youth Pastor, and stated he was new to Christ Chapel Bible Church and moved with his family from Florida. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF MARCH 9, gala Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that the minutes of the regular meeting of March 9, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 2 of 18 1, There were no items to be withdrawn from the Consent Agenda. City Manager Fisseler requested that Mayor and Council Communication Nos. G -16865 be continued until the April 6, 2010, Council meeting, P -11094 be withdrawn from consideration and be replaced with P -11094 (Revised) and L -14946 be withdrawn from consideration. VII. CONSENT AGENDA Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Espino, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -16871 - Authorizing Resolution No. 3868 -03 -2010 Approving the Granting of Reclaimed Waterline Easements by the Dallas /Fort Worth International Airport Board Conveying to the City of Fort Worth, Texas, a Reclaimed Waterline Pipeline Easement Containing Approximately 2,963 Square Feet of Land and a Temporary Construction Easement Containing Approximately 9,285 Square Feet of Land on Property Located on the Dallas/Fort Worth International Airport Property for the Construction and Maintenance of Reclaimed Water and Salt Water Main Facilities; and Authorizing the Dallas/Fort Worth International Airport Chief Executive Officer to Execute an Agreement with American Airlines to Permit the Easement Encroachments Upon the Leasehold Estate. 2. M &C G -16872 - Adopting Ordinance No. 19078 -03 -2010 Amending Chapter 22, Motor Vehicles and Traffic, of the Code of the City of Fort Worth (1986), as Amended, by Amending Subsections (f) and (g) of Section 22 -86 of Article III Thereof by Changing Location, Extent and /or Speed Limits of Certain Speed Zones. 3. M &C G-16873 - Authorizing a Six (6) Month Extension of Injury Leave -of- Absence Pay Benefits in the Amount of $38,141.30 for Firefighter Raymond Forester Beginning April 5, 2010, Through October 5, 2010. B. Purchase of Equipment, Materials, and Services - Consent Items L M &C P -11100 - Authorizing the Purchase of One (1) 500 Kilowatt Mobile Generator from Total Energy Solutions, LLC, for a Cost of $84,375.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 3 of 18 (VII. CONSENT AGENDA Continued) E. Award of Contract - Consent Items 1. M &C C -24134 - Authorizing the City Manager to Enter into a Professional Services Agreement with CityBase.Net, Inc., to Provide Consulting and Sales Tax Analysis and Reporting Services in an Amount Not to Exceed $75,000.00 for the Next Three (3) Years. 2. M &C C -24135 - Authorizing the Execution of a Three (3) Year Contract with TW Telecom Holdings, Inc., to Provide Telecommunications Services at the Fort Worth Police Department Crime Lab Located at 3616 East Lancaster Avenue for the Information Technology Solutions Department Using General Services Administration Contract No. GS- 35F -0426R at an Annual Cost of $42,000.00 and a One Time Installation Fee of $1,000.00. 3. M &C C -24136 - Authorizing the Correction of Recommendation No. 1 of M &C C -23104 Revising the Total Local Project Advance Funding Agreement Amount From $25,162,710.00 to $22,848,000.00 and Revising the City Participation Amount from $14,162,710.00 to $11,848,000.00; and Authorizing the Correction of Recommendation No. 8 of M &C C -23104 Revising the Initial Payment Amount to the Texas Department of Transportation for the Construction of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377 from $1,517,433.00 to $1,269,429.00. 4. M &C C -24137 - Adopting Supplemental Appropriation Ordinance No. 19079 -03 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $26,435.00 and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance in the Same Amount for the Installation of Handrails in the Cowtown Coliseum; and Authorizing the Execution of a Work Order in the Amount Up to $26,435.00, including $2,400.93 in Contingency, with Job Order Contractor, Alpha Building Corporation. 5. M &C C -24138 - Authorizing the Use of Existing Revenue Derived from Pipeline Easement Leases in the Amount of $15,000.00 for the Management and Operations Audit of the Aviation Department of the City of Fort Worth; Authorizing the Transfer of $15,000.00 from the Aviation Improvements Capital Projects Fund to the Municipal Airports Fund; Adopting Supplemental Appropriation Ordinance No. 19080 -03 -2010 Increasing the Estimated Receipts and Appropriations in the Municipal Airports Fund from Available Funds; and Approving Correction of M &C C -23524 to Revise the Current Total Contract Amount from $81,000.00 to $96,000.00 for Jacobs Consultancy. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 4 of 18 (VII. CONSENT AGENDA Continued) 6. M &C C -24139 - Authorizing the City Manager to Apply for and Accept, if Awarded, a Grant from the Texas State Library and Archives Commission for the Library Department's Inter - Library Loan Program Year September 1, 2010, Through August 31, 2011, in an Amount Up to $285,482.00; Authorizing the City Manager to Execute a Grant Agreement with the Texas State Library and Archives Commission Relating to Such Grant; Adopting Appropriation Ordinance No. 19081 -3 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund, Upon Receipt of the Grant; and Applying Indirect Costs Using the Most Recently Approved Indirect Cost Rate of Twenty -Three Percent (23 %) for the Library Department. 7. M &C C -24140 - Authorizing the City Manager to Execute Amendment No. Four (4) in the Amount of $51,000.00 to City Secretary Contract No. 32378, an Engineering Services Agreement with Teague Nall and Perkins, Inc., for the Design of Golden Triangle Boulevard from Interstate Highway 35W to US Highway 377, Thereby Establishing a Total Contract Cost of $2,277,206.00. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1763 - Notice of Claims for Alleged Damages and /or Injuries End of Consent Agenda. IX. SPECIAL PRESENTATIONS, , 1. Presentation of Proclamation for Cowtown Great American e ay Council Member Burdette presented the Proclamation for Cowtown Great American Clean Up Day to Mr. Brian Boerner, Director, Environmental Management Department, and stated on April 10, 2010, Americans were asked by Keep America Beautiful to participate in the Great American Cleanup and in taking ownership and pride in clean public spaces. He further stated that Keep Fort Worth Beautiful performed service projects to help beautify and increase environmental awareness in the Fort Worth community. He added that more than 3,000 Fort Worth citizen volunteers joined together to help beautify the community during the 2009 Cowtown Great American Cleanup Day by gathering more than 35 tons of unwanted litter and debris. Mr. Boerner expressed appreciation to the Mayor and Council for their support of the project and stated registration for the event was currently underway. He added that those who wished to register could do so via the City website or by contacting 817 - 392 -3279 (EASY). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 5 of 18 (IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) 2. Presentation of Proclamation for Celebration 4 Life Project Council Member Moss presented the Proclamation for the Celebration 4 Life Project to Ms. Monique Johnson, Associate Executive Director, AIDS Outreach Center and stated the AIDS Outreach Center was conducting a series of "Stop AIDS Leadership Projects." He added that in an effort to increase HIV testing and AIDS awareness in Fort Worth and Tarrant County cities, the AIDS Outreach Center would be conducting HIV testing in various communities which would be followed by the Stop AIDS Leadership Project — HIV Awareness Concert entitled, "Celebration 4 Life" on April 3, 2010, at the Fort Worth Convention Center. He pointed out that admission to the concert was free for anyone with verification that they had been tested for HIV /AIDS. Ms. Johnson, expressed appreciation to the Mayor and Council for their support of the Celebration 4 Life Project and HIV /AIDS awareness and testing in Fort Worth. Mr. Mark Wilson, Division Manager, Tarrant County Public Health Department, provided statistics related to HIV, AIDS, and other sexually transmitted diseases in the City. He stated the number of cases reported in the City were rising and the best tool to combat the diseases was regular testing and raising awareness. 1. Uncomin2 and ece t Events Council Member Jordan expressed appreciation to Ms. Lena Ellis, Director, Finance Department and City staff for the publication of an on -time and accurate Comprehensive Annual Financial Report (CAFR) for the first time since 2003. He stated that this task was a wonderful accomplishment and another way to show that the City was transparent and held financially accountable. Council Member Hicks announced that the District 8 Office and City staff sent letters to clergy in areas that did not participate in the last census requesting their assistance in gathering census data. She stated it was important for everyone to complete the census form and be counted as federal funding was allocated based upon census results. She also announced that a meeting for area clergy regarding the 2010 Census would be held on March 26, 2010, 9:00 a.m. to 10:30 a.m. at First St. John Missionary Baptist Church, located at 2401 East Berry Street, and added for more information to contact the District 8 Office at 817 - 392 -8808. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 6 of 18 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Moss announced that a meeting would be held on March 27, 2010, at 10:00 a.m. at the Tarrant County College Opportunity Center, located at 5901 Fitzhugh Avenue, regarding the Historic Stop Six Sunrise Addition overlay guidelines. He encouraged all residents in the community to attend the meeting to gain a clear understanding of the guidelines and how the program would be implemented in the area. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mr. Jay Sabatucci be appointed to Place 5 on the Animal Shelter Advisory Committee effective March 23, 2010, with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. PRESENTATIONS AND/OR c BOARDS, AND/OR CITY COUNCIL COMMITTEES There were no presentations and /or communications from boards, commissions and /or City Council committees. XIIL RESOLUTIONS 1. A Resolution Adoutin2 the 2 ate to the Stop Six Neighborhood Empo erment Zone Plan and c Y ratl the Plan by Reference in the Com re a slits Plan. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Resolution No. 3869 -03 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 7 of 18 XIV. REPORT OF THE CITY MANAGER B. General Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. BgR2LL2LLjL_aLaff There was no report by City Staff. b. Citizen Presentations There were no citizen presentations. c. Council Action Motion: Council Member Espino made a motion, seconded by Council Member Hicks, that the public hearing be closed and Mayor and Council Communication No. M&C 16752 be continued to June 22, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero nays. ...................... ................ - - -------- for Infrastructure ImDrovements and Maintenance Costs for the Fort Worth Convention Center, ............................ Department. (Continued from March 9, 2010) Motion: Council Member Jordan made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16866 be approved and Resolution No. 3870-03-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 8 of 18 M ........ . a, M, 10 ................ ........................ to Section Add f57�!,,,..Tq. a Permit Fee for a Gas, Well, APPjkOPR � that Rec Iuires a Waiver Granted By Cily Council; Providing that this Ordinance Shall Be Cumulative Of All Ordinances. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. G-16874 be approved and Ordinance No. 19082-03-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. ttrgw 111l1mile pig"" ..... ........................ General Fund Balance Bv the Same Amount for the Purpose of Finalizin2 the Fiscal Year 2009 Motion: Council Member Jordan made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. G-16875 be approved and Supplemental Appropriation Ordinance No. 19083-03-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. C. Purchase of Equipment, Materials, and Services ... gr and kepair of Carpet and Floor Tile for an Estimated Annual Amounj Ep to $429 450.00 c� Withdrawn from Consideration. I I . .......................................................... . .................... .................................. $2252000.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. P -11094 (Revised) be approved. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 9 of 18 IMAM-, ......... .......................................... .... .................. Up to 2,911151.4.00. Motion: Council Member Zimmerman made a motion, seconded by Council Member Hicks, that Mayor and Council Communication M&C P -11101 be approved. The motion carried unanimously nine (9) ayes to zero nays. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication M&C P-11102 be approved and Supplemental Appropriation Ordinance No. 19084-03-2010 and Appropriation Ordinance No. 19085- 03 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. ................................................................ ............ .......................................... Contract No. 072-A2 for the Police Department Usin2 Crime Control and Prevention District Funds for a Total Amount of $388,620.00. Council Member Jordan requested clarification that this item had been previously approved for funding by the Crime Control and Prevention District (CCPD). City Attorney Yett confirmed that funding had been previously approved by the CCPD Board of Directors. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication M&C P -11103 be approved. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 10 of 18 ,,,,,,,,, ,,,,, Audio and Lighting Eguipment from Audio Visual Innovations, Inc. liff Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication M &C P -11104 be approved and Supplemental Appropriation Ordinance No. 19086 -03 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. D. Land Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. e r David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. Mayor Pro tem Scarth requested clarification of how the funds from the license fee would be used and if the funds must remain with Mallard Cove Park or in Council District 4. Mr. Creek clarified per the Financial Management Policy the license fee funds would be placed in the City's General Fund. b. Citizen Presentations There were no citizen presentations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 11 of 18 (M &C L -14939 Continued) c. Council Action Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. M &C L -14939 be approved. The motion carried unanimously nine (9) ayes to zero nays. City Secretary Hendrix advised that Mayor and Council Communication Nos. L- 14940, L- 14941, L- 14942, L- 14943, L- 14944, and L- 14945, were public hearings for the allowance to exercise park mineral options. She further advised that one (1) public hearing would be conducted and the items would be considered under one (1) motion. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 12 of 18 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 13 of 18 Mayor Moncrief opened the public hearings and asked if there was anyone present desiring to be heard. a. Report of City Staff David Creek, Acting Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations There were no citizen presentations. c. Council Action Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. M &C L -14943 and L -14945 be continued until May 4, 2010. The motion carried unanimously nine (9) ayes to zero nays. Council Member Burdette clarified to the public that the items being considered did not involve any drilling on the parkland and allowed City staff to exercise subsurface mineral leasing options. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication Nos. L- 14940, L- 14941, L -14942 and L -14944 be approved. The motion carried unanimously nine (9) ayes to zero nays. 1 �: Dedicate ,,,, ,,,,,,, , ...,,,,,, Purchase and Withdrawn from Consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 14 of 18 F. Award of Contract ........... .................... .................. = I Motion: Council Member Jordan made a motion, seconded by Council Member Bums, that Mayor and Council Communication No. 24103 be continued to the April 6, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero nays. Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24141 be approved and Appropriation Ordinance 19087-03-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. ---Noma 'I, wm��,Xjjipjj 11KNIT1,011 I F0,11 J'A" " U,,3ffl - Road from Bryant Irvin Road to the Western Limit of the Future Southwest Parkway; and Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-24142 be approved and Appropriation Ordinance 19088-03-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 15 of 18 Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-24143 be approved and Appropriation Ordinance 19089-03-2010 be adopted. The motion carried unanimously nine (9) ayes to zero nays. ... .............. ....... Fort Worth Meacham International Airport, (Council Member Jordan left his place at the dais.) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-24144 be approved. The motion carried unanimously eight (8) ayes to zero nays, with one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. XV. ZONING HEARING Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 16 of 18 (ZC- 09 -133C Continued) Motion: There being no one present desiring to be heard, Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC- 09 -133C be remanded back to the City Zoning Commission for further action. The motion carried unanimously nine (9) ayes to zero nays. It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star - Telegram, the official newspaper of the City of Fort Worth, on February 26, 2010. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1; t , MW ........... .. 1. ....... ,,,,,.:� Site Plan Included. (Recommended for �I Appro Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. Z -10 -039 be approved. The motion carried unanimously nine (9) ayes to zero nays. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Council Member Moss, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 19090 -03 -2010 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 17 of 18 XVL CITIZEN PRESENTATIONS 1 I I Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council regarding The T Rodeo and provided a brief history of the past winners. He also provided his draft of "pocket pals" to the Mayor with useful information regarding the downtown area. He referenced the wedding of a woman named Molly that was held downtown who had pictures taken with Molly the Trolley and the Bus Driver on her wedding day. He also displayed several photographs of Molly the Trolley during the February 2010 Winter Storm. He also suggested that the presence of Bicycle Police Officers on Lancaster Avenue as a crime deterrent. Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council and requested the St. Mary's site be removed from the list of potential sites for a future Mary's Creek Basin Water Recycling Center for wastewater treatment/recycling and stated that the proposed facility would decrease property values. She further stated that the close proximity of the proposed facility to residences would cause hazardous health conditions and quality of life issues due to air and water quality. She stated property owners in the area were not properly notified and expressed concern about the cost of the proposed facility and possible flooding that could occur in the area. Mayor Moncrief advised that the proposed water treatment or recycling facility was not "fast tracked" and no decision would be made for at least one (1) year. He stated citizens would have ample time review the proposal and provide input. He further stated that the Council had received the same information as the public. He added that Council Member Zimmerman was working very hard to clear up any miscommunication associated with the future water treatment or recycling facility and reiterated that the City was still in the planning stages. XVIL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER) It was the consensus of the City Council that they recess into Executive Session at 11:17 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning collective bargaining with the firefighter's union; b) Tommy Paul Cox, et al. v. Texas Health Resources, Inc., d /b /a Harris Methodist Hospital, et al., Civil Action No. 4:10 -CV- 109 -A; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 23, 2010 PAGE 18 of 18 (XVH. EXECUTIVE SESSION Continued) c) Michael Patrick Jacobs, Sr. and Charlotte Jacobs, Individually, as the Representatives of the Estate of Michael Patrick Jacobs, Jr., Deceased, and as Next Friends of J.K. and Z.J., Minors v. City of Fort Worth and Stephanie A. Phillips, Civil Action No. 4:09 -CV- 513 -Y; d) Legal issues related to the Strategic Traffic Enforcement Program; e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. The City Council reconvened into regular session at 12:49 p.m. XVHI. ADJOURNMENT There being no further business, the meeting was adjourned at 12:49 p.m. These minutes approved by the Fort Worth City Council on the 13th day of April, 2010. Attest: Approved: � /)/ 0�1 Marty He rix Michael J City Secretary Mayor