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HomeMy WebLinkAbout2010/08/17-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 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 Prevent 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 10:26 a.m. on Tuesday, August 17, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION - Dr. Lynn D. Moore, Edge Park United Methodist Church The invocation was provided by Dr. Lynn D. Moore, Edge Park United Methodist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGU ia, gala Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that the minutes of the regular meeting of August 10, 2010, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. City Manager Fisseler requested that Mayor and Council Communication No. G -17013 be withdrawn from the Consent Agenda for individual consideration. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 2 of 30 '• . 1 1 " '• City Manager Fisseler requested that Mayor and Council Communication Nos. G -17021 and L -15040 be continued until the August 24, 2010, Council meeting and Mayor and Council Communication No. G -17020 be withdrawn from consideration.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 as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. A. General - Consent Items 1. M &C G -17009 - Adopt the Semi - Annual Progress Report from the Capital Improvements Advisory Committee for Transportation Impact Fees. Approved by the City Council as recommended and as follows: Adopting the Semi - Annual Progress Report Concerning the Status of the Capital Improvements Plan for Transportation Impact Fees From the Capital Improvements Advisory Committee for Transportation Impact Fees. 2. M &C G-17010 - Authorize the Acceptance of a Monetary Contribution of $3,338.68 from Jack in the Box Eastern Division L.P., in Connection with the Design of Streetscape Improvements Along West Berry Street and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Accept a Monetary Contribution in the Amount of $3,338.68 From Jack in the Box Eastern Division L.P.; and Adopting Appropriation Ordinance No. 19271 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund Upon Receipt of a Monetary Contribution for Work Associated with Driveway Approach Closures at the Jack in the Box on West Berry at Waits Avenue. 3. M &C G -17011 - Adopt a Resolution Nominating ATC Logistics & Electronics, Inc., as an Enterprise Project Pursuant to the Texas Enterprise Zone Act. Approved by the City Council as recommended and as follows: Adopting Resolution No. 3911 -08- 2010 Nominating ATC Logistics & Electronics, Inc., as an Enterprise Project Pursuant to the Texas Enterprise Zone Act, Chapter 2303, of the Texas Government Code. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 3 of 30 (VII. CONSENT AGENDA Continued) 4. M &C G -17012 - Adopt a Resolution Nominating RadioShack Corporation as an Enterprise Project Pursuant to the Texas Enterprise Zone Act. Approved by the City Council as recommended and as follows: Adopting Resolution No. 3912 -08- 2010 Nominating RadioShack Corporation, as an Enterprise Project Pursuant to the Texas Enterprise Zone Act, Chapter 2303, of the Texas Government Code. 6. M &C G -17014 - Adopt an Ordinance Amending the Speed Zone Tables in Chapter 22, "Motor Vehicles and Traffic ", Article III, Section 22 -86, "Speeding ", Subsections (f) and (g), of the City Code. Approved by the City Council as recommended and as follows: Adopting Ordinance No. 19272 -08- 2010 Amending Chapter 22, "Motor Vehicles and Traffic ", of the Code of the City of Fort Worth by Amending Article III, Section 22 -86, Entitled "Speeding ", Subsections (f) and (g) by Changing the Locations, Extent and /or Speed Limits of Certain Speed Zones. 7. M &C G -17015 - Authorize the Temporary Closure of a Portion of Main Street between 3rd Street and 4th Street from November 15, 2010, until January 4, 2011, to Accommodate the Downtown Fort Worth Initiatives, Inc., Annual Christmas Tree Display. Approved by the City Council as recommended and as follows: Authorizing the Temporary Closure of a Portion of Main Street Between 3rd Street and 4th Street From November 15, 2010, Until January 4, 2011, for the Downtown Fort Worth Initiatives, Inc., Annual Christmas Tree Display. 8. M &C G -17016 - Appointment of Charles McLure as Substitute Hearing Officer for the Automated Red Light Enforcement Program Administered by the Transportation and Public Works Department. Approved by the City Council as recommended and as follows: Appointing Charles McClure, as Substitute Hearing Officer, for the Automated Red Light Enforcement Program Administered by the Transportation and Public Works Department With Authority to Administer Oaths, Issue Orders Compelling the Attendance of Witnesses and Production of Documents and Conduct Administrative Adjudication Hearings. 9. M &C G -17017 - Ratify the Application for and Accept a Motor Carrier Safety Assistance Program High Priority Grant from the U.S. Department of Transportation, Federal Motor Carrier Safety Assistance Program for $191,058.00 to Conduct Commercial Motor Vehicle Enforcement and Public Outreach, Authorize the City Manager to Execute the Grant Agreement for Acceptance of Grant Funds, Authorize Matching Funds in the Amount of $47,765.00 and Adopt Appropriation Ordinance. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 4 of 30 (VII. CONSENT AGENDA Continued) Approved by the City Council as recommended and as follows: Ratifying the Application for and Accepting a Motor Carrier Safety Assistance Program High Priority Grant From the United States (U.S.) Department of Transportation, Federal Motor Carrier Safety Assistance Program for $191,058.00; Authorizing the City Manager to Execute a Grant Agreement With the U.S. Department of Transportation to Conduct Commercial Motor Vehicle Enforcement and Public Outreach; Authorizing the City to Provide an In -Kind Match Associated With the Grant of 20 Percent of the Total Project Cost in the Amount of $47,765.00; and Adopting Appropriation Ordinance No. 19273- 08 -2010 Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $23 8,823. 00, Subject to Receipt of the Grant. 10. M &C G -17018 - Adopt Ordinance Amending Chapter 10 "Courts" of the City Code to Add Section 10 -11 Creating a Juvenile Case Manager Fund and Requiring a Defendant Convicted of a Fine -Only Misdemeanor Offense in Municipal Court to Pay $3.00 Per Convicted - Offense Juvenile Case Manager Fee as a Cost of Court. Approved by the City Council as recommended and as follows: Adopting Ordinance No. 19274 -08- 2010 Amending Chapter Ten (10) of the Code of the City of Fort Worth by Adding a New Section 10- 11, "Juvenile Case Manager Fund and Fee" to Establish a Fund and Require Defendants Convicted of Fine -Only Misdemeanor Offense in Municipal Court to Pay a $3.00 Juvenile Case Manager Fee Per Convicted Offense as a Cost of Court. 11. M &C G -17019 - Adopt Resolution Re- Appointing David Westen as Hearing Officer in and for the City of Fort Worth Parking Violations Bureau and Designating the Hearing Officer to Conduct Hearings and Appeals Pursuant to Chapters 10, 12.5, 22 and 34 of the City Code and to Perform Other Assigned Duties. Approved by the City Council as recommended and as follows: Adopting Resolution No. 3913 -08- 2010 Re- Appointing of David Westen, as Hearing Officer, in the Parking Violations Bureau and Designating the Hearing Officer to Conduct Hearings and Appeals Under Chapters 10, 12.5, 22 and 34 of the City Code and to Perform Other Duties Assigned by the City Manager or His Designee. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11160 - Adopt a Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $222,120.00 and Decreasing the Unaudited, Unreserved, Undesignated Culture and Tourism Fund Balance by the Same Amount for the Purchase of Buffet Station System Equipment from Sico America, Inc., for the Public Events Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 5 of 30 (VII. CONSENT AGENDA Continued) Approved by the City Council as recommended and as follows: Adopting Supplemental Appropriation Ordinance No. 19275 -08 -2010 Increasing the Estimated Receipts and Appropriations in the Culture and Tourism Fund in the Amount of $222,120.00, and Decreasing the Unaudited, Unreserved, Undesignated Fund Balance by the Same Amount, for the Purchase of Buffet Station System Equipment; and Authorizing the Purchase From Sico America, Inc., for the Public Events Department for a Total Cost of $222,120.00. 2. M &C P-11161- Authorize a Purchase Agreement with Rhythm Engineering LLC, for Adaptive Traffic Signal Control Systems for an Initial Annual Amount of $478,000.00. Approved by the City Council as recommended and as follows: Authorizing a Purchase Agreement with Rhythm Engineering, LLC, for Adaptive Traffic Signal Control Systems for an Initial Annual Amount of $478,000.00, Based on a Sole Bid Received. C. Land - Consent Items 1. M &C L -15034 - Authorize the Purchase of Right -of -Way in Fee and a Temporary Construction Easement Located at 11625 Alta Vista Road from Vernell Barber for a Total of $62,570.00 and Pay the Estimated Closing Costs of $4,000.00 for the North Beach Street Widening Project. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of Right - of -Way in Fee and a Temporary Construction Easement Located at 11625 Alta Vista, Described as Abstract No. 266, Tract 2C, Francisco, Fort Worth, Texas, From Vernell Barber; Finding That the Price of $61,310.00 Offered for the Purchase of the Right -of -Way and $1,260.00 Offered for the Temporary Construction Easement is Just Compensation; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $4,000.00. 2. M &C L -15035 - Authorize the Purchase of Right -of -Way in Fee and a Temporary Construction Easement Located at 11655 Alta Vista Road from Juan's Tractor Service, Inc., for a Total of $7,670.00 and Pay the Estimated Closing Costs of $2,000.00 for the North Beach Street Widening Project. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of Right - of -Way in Fee and a Temporary Construction Easement Located at 11655 Alta Vista, Described as Abstract No. 266, Tract 2D, Francisco, Fort Worth, Texas, From Juan's Tractor Service, Inc.; Finding That the Price of $7,500.00 Offered for the Purchase of the Right -of -Way and $170.00 Offered for the Acquisition of the Temporary Construction Easement is Just Compensation for the Acquisitions; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and to Pay Closing Costs Up to $2,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 6 of 30 (VII. CONSENT AGENDA Continued) 3. M &C L -15036 - Authorize the Purchase of a Right -of -Way Corner Clip in Fee Totaling 0.005 Acres Located on Alta Vista Road and Wild Pear Lane from Erica and Estevam Mendes in the Amount of $800.00 Plus Closing Costs for the North Beach Street Widening Project. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of a Right -of -Way Corner Clip in Fee Totaling 0.005 Acre Located on Alta Vista Road and 11757 Wild Pear Lane, Described as Block 69, Lot 1, The Villages of Woodland Springs, Fort Worth, Texas, From Erica and Estevam Mendes; Finding That the Total Price of $800.00 Offered for the Purchase of the Right -of -Way is Just Compensation for the Acquisition; and Authorizing the City Manager or His Designee to Accept the Conveyances and Record the Appropriate Instruments and Pay Closing Costs Up to $1,000.00. E. Award of Contract - Consent Items 1. M &C C -24391 - Authorize an Engineering Services Agreement with Kimley -Horn and Associates, Inc., Using Grant Funds in the Amount of $126,975.00 from the U. S. Department of Energy - Energy Efficiency and Conservation Block Grant to Conduct a Downtown Bicycle Facilities Pilot Program Under the City's Energy Efficiency and Conservation Block Grant. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Services Agreement With Kimley -Horn and Associates, Inc., Using Grant Funds in the Amount of $126,975.00, to Conduct a Downtown Bicycle Facilities Pilot Program of Approved Activities Under the City's Energy Efficiency and Conservation Block Grant Awarded by the United States Government's Department of Energy. 2. M &C C -24392 - Adopt a Resolution Authorizing Employment of Kelly Hart & Hallman LLP as Outside Counsel to Represent the City in the Action Styled Ric Clark, David Ellis and Weldon Norman v. City of Fort Worth, Texas, Civil Action No. 4:10 -CV- 519 -A, Pending in the United States District Court, Northern District of Texas, Fort Worth Division, in an Amount Not to Exceed $100,000.00. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Retain Russell Cawyer and Marc Patton of the Law Firm of Kelly Hart & Hallman, LLP, as Outside Counsel, Pursuant to Chapter VI, Section 3, of the City Charter, to Represent the City in the Lawsuit Styled Ric Clark, David Ellis and Weldon Norman v. City of Fort Worth, Texas, Civil Action No. 4:10 -CV- 519 -A, Pending in the United States District Court, Northern District of Texas, Fort Worth Division, in an Amount Not to Exceed $100,000.00; and Adopting Resolution No. 3914 -08 -2010 Authorizing the City Attorney to Retain the Law Firm of Kelly Hart & Hallman, LLP. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 7 of 30 (VII. CONSENT AGENDA Continued) 3. M &C C -24393 - Authorize the Execution of an Agreement with the Tarrant County Tax Assessor - Collector for Ad Valorem Tax Assessment and Collection Services for Fiscal Year 2011. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Agreement Between the Tarrant County Tax Assessor - Collector and the City of Fort Worth for Providing Assessment and Collection Services of Ad Valorem Taxes Levied by the City of Fort Worth for Fiscal Year 2011, Covering the Period October 1, 2010, to September 30, 2011. 4. M &C C -24394 - Authorize the Execution of Consent to Assignment of Economic Development Program Agreement (City Secretary Contract No. 39287) by FW Mason Heights, L.P. to Renaissance Square, LLC. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Consent to Assignment of an Economic Development Program Agreement Pertaining to the Renaissance Square Development at US Highway 287 and East Berry Street (City Secretary Contract No. 39287) by FW Mason Heights, L.P., to Renaissance Square, LLC. 5. M &C C -24395 - Authorize an Engineering Agreement in the Amount of $88,961.00 with Burgess and Niple for the Crooked Lane Drainage Improvements Project. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Agreement with Burgess and Niple, in the Amount of $88,961.00 for the Crooked Lane Drainage Improvements Project. 6. M &C C -24396 - Adopt 2009 Prevailing Wage Rates for City- Awarded Public -Works Projects. Approved by the City Council as recommended and as follows: Adopting the 2009 Prevailing Wage Rates for City- Awarded Public Works Projects. 7. M &C C -24397 - Authorize an Engineering Agreement in the Amount of $95,384.38 with Wade Trim, Inc., for Water and Sanitary Sewer Replacement Contract 2009, WSM -C. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Agreement in the Amount of $95,384.38 With Wade Trim, Inc., for Water and Sanitary Sewer Replacement Contract 2009, WSM -C. 8. M &C C -24398 - Authorize an Engineering Agreement in the Amount of $255,707.00 with Kimley -Horn and Associates, Inc., for Chapin Road and Cravens Road Water and Sanitary Sewer Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 8 of 30 (VII. CONSENT AGENDA Continued) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 9 of 30 (X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Burns announced that due to Police Department realignment many of the Neighborhood Police Officers (NPO) may have changed in areas throughout the City. He encouraged residents to find out if their NPO had changed and to meet the new NPO, if necessary. He also reminded everyone to use caution in school zones as the Fort Worth Independent School District would begin classes next week and added that some private schools had already begun classes. He also pointed out that with the start of a new school year, immunizations would be required and encouraged parents to vaccinate their children as needed to protect their health. Council Member Zimmerman welcomed Boy Scouts from Troop 18: Robert Bleil, Life Scout Rank; Evan Britton, Star Scout Rank; Girard Britton, Second Class Scout Rank, and Phillip Moreno, Tenderfoot Scout Rank. He advised that the Boy Scouts were working on their Citizenship in the Community Merit Badge and wished them future success in scouting. He also welcomed Boy Scout Troop Leader Adrian Britton, who was a lifelong scouting volunteer and contributed to making scouting the successful and valuable organization it was today. He also announced that the Jazz on the Boulevard event would be held on the lawn at Will Rogers Memorial Center on September 10, 2010, through September 12, 2010, and stated more information would follow. Mayor Moncrief stated the scouts were the future leaders of the city, state and nation and stated their success was limited only by their imagination. He congratulated the Boy Scouts on their achievements and wished them good luck. Council Member Jordan announced that a Public Meeting would be held this evening at 7:00 p.m. at the Hallmark Baptist Church, located at 4201 West Risinger Road. He stated that the two (2) arterial projects that would be discussed were the Summer Creek Drive project, the extension from Risinger Road to McPherson Boulevard, and the Hulen Street project, from McPherson Boulevard to West Cleburne Road. He encouraged anyone with interest in those areas to attend the important meeting. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL There were no changes in membership on boards or commissions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 10 of 30 c c . . . r c ....., ......... ......... 1 1. Human Relations Commission. str S Tucker. Chair it Ms. Lisa Thomas, 2214 Fairmount Avenue Mr. Thomas R. Anable, President, Fairness Fort Worth, 4200 South Hulen Street, #603 Mr. Dee Jay Johannessen, Executive Director, Health Education Learning Project, 909 West Magnolia Avenue Mayor Moncrief stated that everyone agreed that no one should be faced with discrimination. He stated that no action had been taken in regards to the proposed budget. He further stated that the Council would continue to consider their options in order to achieve a balanced budget. He encouraged everyone to submit cost saving ideas and ways to fund programs and projects in light of the current budget situation. Council Members Hicks and Burns requested an explanation from staff on what the actual cost savings would be if the Community Relations Department was dissolved. They stressed that everyone wanted the Human Relations Commission to continue as it had for 44 years and added they would continue to work through the recommended budget to make educated decisions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 11 of 30 XIIL ORDINANCES CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 12 of 30 (G -17020 Continued) It was the consensus of the Council that Mayor and Council Communication No. G -17020 be withdrawn from consideration. Gas Drilling Permit Violations without a 10-Dav Cure Period, Revise the Definition Residential Area, Provide a Bilingual Definition Grandfathered Site. It was the consensus of the Council that Mayor and Council Communication No. G -17021 be continued until the August 24, 2010, Council meeting. Mr. Robert Snoke, 3826 6th Avenue, appeared before Council in opposition to Mayor and Council Communication No. G -17021 and requested City staff provide documentation to the citizens regarding the legal case that would support the changes relative to grandfathering properties. He stated that Rosemont and many other neighborhoods in the City were dying because too much time and funding had been allocated for the Trinity River Project. The following individuals completed speaker cards in opposition to Mayor and Council Communication No. G- 17021, but did not wish to address the City Council. Mr. Jim Ashford, 6209 Riverview Circle Ms. Paula Donaldson, 4716 Burton Avenue Ms. Esther McElfish, 7112 Martha Lane, completed a speaker card in opposition to Mayor and Council Communication No. G -17021 and was recognized by Mayor Moncrief, but was not present in the Council Chamber. Council Member Burns advised that the reason this item was going to be continued was to seek legal advice from the City Attorney. Council Member Hicks requested an explanation of the changes made to the ordinance from the Planning and Development Department staff at the August 24, 2010, Pre - Council meeting. Ms. Beverly Branham, 6487 Woodstock Road, appeared before Council in support of Mayor and Council Communication No. G -17021 and provided information relative to harmful chemicals associated with drilling. She stated the toxic chemicals were released into the air during the drilling/fracturing process and caused cancer and other serious illnesses. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 13 of 30 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 14 of 30 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 15 of 30 C. Purchase of Equipment, Materials, and Services 1. MSC P -11162 - Authorize a Purchase Agreement with Audio Visual Innovations, Inc., for Audio-Visual Egui e t and Installation Services Using a Gene ra Services Administration Contract for an Amount U to $1,547,600.00. The recommendation is that the City Council authorize a Purchase Agreement With Audio Visual Innovations, Inc., for Audio Visual Equipment and Installation Services Using General Services Administration (GSA) Contract Number GS -03F for an Amount Up to $1,547,600.00. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. P -11162 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. D. Land B. Lavois $Wrypy,A- 9 Just South of Alliance c The recommendation is that the City Council authorize the Execution of an Underground Pipeline License Agreement with Cowtown Pipeline Partners, L.P., for a Natural Gas Pipeline Across City Owned Property in the B. Lavois Survey, A -991, C.R. Harmon Survey, A -737 and the Thomas Walden Survey, A -1921, Just South of Alliance Airport, in the Amount of $131,495.13, for a Term of 20 Years. Motion: Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L -15037 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 11112 11111111 < 111111111 1 111111111 < Lavois Survey c �, Just South of Alliance Airport. The recommendation is that the City Council authorize the Execution of an Underground Pipeline License Agreement with Quicksilver Resources, Inc., for a Saltwater Pipeline Across City Owned Property in the B. Lavois Survey, A -991, C.R. Harmon Survey, A -737 and the Thomas Walden Survey, A -1921, Just South of Alliance Airport, in the Amount of $130,677.00, for a Term of 20 Years. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 16 of 30 (L -15038 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. L -15038 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M &C L -15039 - Approve the Acceptance of a Lease Agreement with Chesapeake Exploration, LLC in the Amount of $11,304,726.60 for Natural Gas Drilling Under 1,365.80 Acres More or Less of City -Owned Properties Known as Lake Worth Zone 3A. The recommendation is that the City Council approve the Acceptance of a Lease Agreement for Natural Gas Drilling Under 1,365.80 Acres More or Less of City Owned Properties Known as Lake Worth Zone 3A to Chesapeake Exploration, LLC., for a Two (2) Year Primary Term. 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. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -15039 be approved as recommended. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. 4. M &C L -15040 - Authorize the Sale of Thirty Six Tax - Foreclosed Properties for a Total of $173,962.11. The recommendation is that the City Council authorize the Sale of 36 Tax Foreclosed Properties in Accordance With Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Property Tax Code for a Total of $173,962.11; and Authorize the City Manager, or His Designee, to Execute and Record the Appropriate Instruments Conveying the Properties to the Highest Bidders in Compliance With the Bid Form Specifications to Complete the Sale. It was the consensus of the Council that Mayor and Council Communication No. L -15040 be continued until the August 24, 2010, Council meeting. Council Member Hicks advised that she had concerns about a rock crushing business being located in a residential area and requested staff provide a detailed explanation of each property. Mayor Moncrief recessed the meeting at 11:40 a.m. Mayor Moncrief reconvened the meeting at 11:47 a.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 17 of 30 Mayor Moncrief advised that the Council would move down the agenda to Agenda Item XV. Budget Hearing and would hear a staff presentation and any citizen comments. XV. BUDGET HEARING 1. Hearing on Proposed Fiscal year 2010 -2011 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Levy Ordinance. 1. Report of the City Staff Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a staff report. 2. Citizen Presentations The following individuals appeared before Council in support of Agenda Item XV. Budget Hearing. They requested the Council find a way to keep the Northside and Ridglea libraries open and stated they were an essential part of the education of the children of the City. Reverend Stephen Jasso, All Saints Catholic Church, 214 N. W. 20th Street Ms. Nina Petty, Vice Chancellor of Real Estate and Facilities, Tarrant County Community College, 1500 Houston Street (Presented a letter from Chancellor Erma C. Johnston Hadley offering the use of the Tarrant County College libraries to Fort Worth residents, should libraries be closed.) Ms. Nina Petty, Chair, Greater Fort Worth Real Estate Council ( GFWREC), and Ms. Susan Halsey, (former Chair), 777 Main Street #2100, appeared before Council in support of Agenda Item XV. Budget Hearing. They advised that this summer, in an effort to assist this great city, the GFWREC Board undertook a comprehensive review of the City's budget. They stated that upon completion of their budget review, including the City Manager's recommendations released one (1) week ago, the organization's board unanimously determined that the Real Estate Council would take detailed, reasonable and productive public policy positions on the 2011 City of Fort Worth Budget. They provided the following list of GFWREC recommendations: 1. The City's property tax rate should not be increased. 2. The City should cut at least $20 million in non - income generating services and departmental expenditures, including non - personnel across the board cuts from Fire and Police Department expenditures. 3. The City should include in its FY 2011 budget the use of approximately $7.5 million in property tax revenue from minerals. 4. The City should use up to $15 million in rainy day funds that exceed the required reserve balances. 5. The Transportation User Fee, as recommended by the Mayor's Blue Ribbon Task Force on Infrastructure Funding should be implemented CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 18 of 30 (XV. BUDGET HEARING Continued) 6. The City should privatize non -Fire and Police Department services where best practices reveal opportunities for service innovation and financial savings. 7. Surplus property should continue to be inventoried and sold. 8. Consolidation of certain City Departments should be considered, for a total FY 2011 savings of not less than $5 million. 9. The City Manager's recommendation of continued evaluation and action on pension and retiree health care costs should be followed. The following individuals appeared before Council in opposition to Agenda Item XV. Budget Hearing and requested the Council continue funding for the Northside, Meadowbrook and Ridglea Branch libraries. They stated that in order to continue funding at the libraries, staffing should be cut and a cap should be placed on the purchase of new materials. They stated that libraries provided a unique and safe place for people of all ages to spend their time. They also stated that studies had shown that there was a correlation between high quality community services and crime or violence. They cited possible reasons for low library attendance were: availability of books and resource materials, ineffective marketing, and inconvenient hours of operation. They also stated that adding more fees such as the proposed transportation fee to the water bill would create more problems for people who already could not afford to pay their bills. Two suggested raising the tax rate to the rollback rate in order to recognize the same tax revenue from the previous year. Mr. C.J. Lechner, 9920 Sparrow Hawk Lane Mr. David Nance, 8401 Perth Court Ms. Eunice Givens, President, Highland Hills Neighborhood Association, 5500 Stafford Drive Mr. Jason Smith, representing Tarrant County Fair Labor and Employment, 2230 College Avenue (Displayed a "Dallas Dogs are Jealous" t -shirt and advised they would be sold for $20.00 at the Fort Woof Dog Park to raise funding for the park.) Dr. Donald Matheson, 222 West 4th Street, Apt 213 Mr. Dieter Satz, 4305 Misty Meadow Drive Ms. Beverly Branham, 6487 Woodstock Road Professor Barbara Ellis, 1812 Martel Avenue (Also referenced an economic analysis and study she was working on and advised it wouldn't be finished until next week.) Ms. Olga Naranjo, 500 Goldstone Lane Ms. Jerry Horton, 2608 Carter Avenue Mr. Robert Snoke, 3826 6th Avenue Mr. Thomas R. Anable, 4200 South Hulen Street #603, completed a speaker card in opposition to Agenda Item XV. Budget Hearing and was recognized by Mayor Moncrief, but was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 19 of 30 (XV. BUDGET HEARING Continued) Council Member Espino advised that Mr. Carlos Flores, a member of the Northside Neighborhood Association, submitted a letter in opposition of closing the Northside Branch Library and was unable to attend the meeting. Motion: Council Member Espino made a motion, seconded by Council Member Ms, that a letter from Mr. Carlos Flores, dated August 17, 2010, be received and filed as part of the permanent record. The motion carried unanimously nine (9) ayes to zero (0) nays. City Manager Fisseler clarified that there were certain fees on the water bill that did not affect water service if unpaid. Council Member Hicks expressed appreciation to Professor Ellis for attending the meeting and offering her insight. Mayor Moncrief requested that Professor Ellis provide the completed economic analysis report to Council Member Hicks for distribution to the Council. City Secretary Hendrix advised that the Council would move back up the agenda to Agenda Item XIV. Report of the City Manager and consider Mayor and Council Communication No. L -15041 and continue with the regular order of the agenda. 1111 amino Pipeline and Authorize the Execution of a L _______greement with Texas Midstream Gas Services LLC, in the Amount 7 HEARING) The recommendation is 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 the use of Anderson Campbell Park, Located at 4141 Ohio Garden Road, South and East of Ohio Garden Road and Just North and West of Rockwood Golf Course, for the Location of the Proposed Natural Gas Pipeline; Find That the Proposed Natural Gas Pipeline Includes All Reasonable Planning to Minimize Harm to the Parkland and Including That the Pipeline Will be Constructed in Anderson Campbell Park; Close the Public Hearing and Authorize the City Manager to Approve the use of Approximately 0.44 Acre of Dedicated Parkland of Anderson Campbell Park for the Installation of a Ten (10) Inch Natural Gas Pipeline; and Authorize the Execution of a License Agreement With Texas Midstream Gas Services, LLC., in the Amount of $44,475.15. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 20 of 30 (L -15041 Continued) a. Report of City Staff Mr. David Creek, 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 Burdette made a motion, seconded by Mayor Pro tem Scarth, that the public hearing be closed and that Mayor and Council Communication No. L -15041 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix advised the Mayor and Council Communication Nos. L- 15042, L -15043 and L -15045 would be considered under one (1) motion. c The recommendation is 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 Use Parkwood Hills Park, Located at 7800 Parkwood Hill Boulevard, East of Parkwood Hill Boulevard, North of Hawkshaw Court and South of the Terminus of Crouse Drive, for the Proposed Use; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm to the Parkland and Including That the Proposed Use Will Have No Impact on Use of the Surface of Parkland; Close the Public Hearing and Authorize the City Manager to Approve the Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas. pip I The recommendation is that the City Council conduct a Public Hearing Under 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 Use Sagamore Hills Park, Located at 4719 Hampshire Boulevard, North of Hampshire Boulevard and East of Edgewood Terrace for the Proposed CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 21 of 30 (L -15043 Continued) Use; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm to the Parkland and Include That the Proposed Use Will Have No Impact on Use of the Surface of Parkland; Close the Public Hearing and Authorize the City Manager to Approve the Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas. 9. M &C L -15045 - Conduct a Public Hearing and Authorize Subsurface Drilling and the Extraction of Natural Gas from an Off Site Location at Andrew "Doc" Session Community Center. (PUBLIC HEARING) The recommendation is that the City Council conduct a Public Hearing Under 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 Use Andrew "Doc" Session Community Center, Located at 201 South Sylvania Avenue, East of Sylvania Avenue, North of 4th Street and South of Chenault Street, for the Proposed Use; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm to the Property and Include That the Proposed Use Will Have No Impact on Use of the Surface of Property; Close the Public Hearing and Authorize the City Manager to Approve the Use of the Subsurface of Andrew "Doc" Session Community Center for the Drilling and the Extraction of Natural Gas. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a. Report of City Staff Mr. David Creek, 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: Mayor Pro tem Scarth made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication Nos. L- 15042, L -15043 and L -15045 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix advised that the Council would move back up the agenda and consider Mayor and Council Communication No. L -15044 and continue with the regular order of the agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 22 of 30 c PM 1� 1 .......... ........ ...., Park and Willow Creek Park. (PUBLIC HEARING) The recommendation is that the City Council conduct a Public Hearing Under 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 Use Creekside Park, Located at 3100 Roddy Drive, North of Roddy Drive, West of Cloverglen Lane and West of Meadow Creek Drive; Dabney Park, Located at 7501 Whirlwind Drive, South of Sycamore School Road and West of Cape Cod Drive; Deer Creek Park, Located at 11800 Hemphill Street, North of Balliol Lane and West of Hemphill Street; Hallmark Park, Located at 820 Sycamore School Road, North of Sycamore School Road, East of Union Pacific Rail Road and West of Trimble Drive; Lincolnshire Park, Located at 1425 Horncastle Street, South of Horncastle Street; South Meadows Park, 2300 Kelton Street, North of Kelton Street, North and East of Laurel Hill Court; Summer Creek Ranch Park, Located at 8501 Bentwater Lane, East of Bentwater Lane, North of Grapevine Terrace and Edenwood Drive and South of Valleyside Drive; and Willowcreek Park, Located at 1285 Sycamore School Road, North of Twin Oaks Trail, South and East of Willow Glen Circle and East of Camelot Road; for the Proposed Use; Find That the Proposed Use Includes All Reasonable Planning to Minimize Harm to the Parkland and Include That the Proposed Use will Have No Impact on Use of the Surface of Parkland; Close the Public Hearing and Authorize the City Manager to Approve the Use of the Subsurface of Parkland for the Drilling and the Extraction of Natural Gas. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Jordan advised that it was his intent to continue this item to the September 14, 2010, City Council meeting. a. Report of City Staff Mr. David Creek, Assistant Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations Council Member Jordan requested Mr. Creek meet with him regarding these parks close proximity to existing well sites and he wanted to know how eminent potential drilling was in these areas. He further stated his concern that since there were already existing well sites of various companies through the Council's actions, the City was not missing out on revenue that would be available for park improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 23 of 30 (L -15044 Continued) Mr. Charles Washington, representing the Hallmark - Camelot - Highland Terrace Neighborhood Association, 220 Hall Brook Drive, appeared before Council in opposition to Mayor and Council Communication No. L -15044 and requested Hallmark Park be removed from consideration and stated they were concerned that the City would not recognize fair market value for this valuable parcel of land. He also requested that Chesapeake finish drilling their existing wells and stated the residents were worried that they might tap into another line and not pay royalties to those residents who already leased their mineral rights. Ms. Tolli Thomas, representing the Southwest Fort Worth Alliance, 5341 Wooten Drive, appeared before Council in opposition to Mayor and Council Communication No. L -15044 and requested Hallmark and Summer Creek Ranch Park be removed from consideration because there were a number of unleased properties in the area. She stated that the citizens would not be fairly compensated if the large area of land surrounding their properties were already leased. She also presented a membership letter for the Southwest Fort Worth Alliance with 18 out of 20 neighborhood signatures affirming their membership. She advised two of the representatives were out of town and would be providing their signatures in the near future. Ms. Tina Bush, 3704 Wayland Drive, completed a speaker card in opposition to Mayor and Council Communication No. L- 15044, but did not wish to address the City Council. Mr. Steve Epstein, 1617 Steinburg Lane, completed a speaker card in opposition to Mayor and Council Communication No. L -15044 and was recognized by Mayor Moncrief but was not present in the Council Chamber. c. Council Action Motion: Council Member Jordan made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. L -15044 be continued until the September 14, 2010, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. F. Award of Contract 1. M &C C -24399 - Authorize the Execution of Public Right -of -Way Use Agreement Granting Barnett Gathering, LP, a License to Construct and Operate a Natural Gas Gathering Pipeline Across Bryant Irvin Road, North of Arborlawn for a One -Time License Fee of $7,854.00. The recommendation is that the City Council authorize the City Manager to Execute a Public Right -of- Way Use Agreement with Barnett Gathering, LP, Granting a License to Construct and Operate a Natural Gas Gathering Pipeline Across Bryant Irvin Road, North of Arborlawn, for a One (1) Time License Fee of $7,854.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 24 of 30 (C-24399 Continued) Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. C-24399 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 2. M&C C-24400 - Authorize the Rtigqj2n of All Bids Received for On-Site EMR!2Lee Health Center Administrator/Operator rte Human Resources Department. The recommendation is that the City Council authorize the Rejection of All Bids Received for Request for Proposals 09-0229 for an On-Site Employee Health Center Administrator/Operator for the Human Resources Department. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C-24400 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 3. M&C C-24401 - Authorize Budget Amendments to the City's 2010-2011 Action Plan for the Use of Grant Funds from the United States Department of Housing and Urban Development Under its Community Development Block Grant, HOME Investment Partnerships Program, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement for Program Year 2010-2011 and Adopt Appropriation Ordinance. The recommendation is that the City Council authorize Budget Amendments to the City's 2010-2011 Action Plan for Use of Grant Funds Totaling $632,506.00 From the United States Department of Housing and Urban Development Due to Changes in Available Federal Grant Funding; Authorize the City Manager, or His Designee, to Execute Contracts for a One (1) Year Tenn for Federal Grant Funds for Program Year 2010-2011 for Community Development Block Grant, Emergency Shelter Grant and Housing Opportunities for Person with AIDS Grant Funds, Contingent Upon Receipt of Funding; Authorize the City Manager, or His Designee, to Extend or Renew the Contracts for Up to One (1) Year if an Agency Requests an Extension and Such Extension is Necessary for Completion of the Program; Authorize the City Manager, or His Designee, to Amend the Contracts, if Necessary to Achieve Program Goals, Provided Any Amendment is Within the Scope of the Program and in Compliance With All Applicable Laws and Regulations Governing the Use of Federal Grant Funds; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund in the Amount of $632,506.00, Subject to Receipt of Federal Grant Funds for the Purpose of Funding Various Programs Within the 2010-2011 Action Plan. 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 due to Cook's Childrens Hospital being in one of the grants. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 25 of 30 (C -24401 Continued) Motion: Council Member Zimmerman made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24401 be approved as recommended and Appropriation Ordinance No. 19276 -08 -2010 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with one (1) abstention by Council Member Jordan. 4. M &C C -24402 - Authorize the Amendment to Tax Abatement Agreement with Health Care Service Corporation d/b /a Blue Cross Blue Shield of Texas to Reduce Requirements for Scope of Real Property Improvements and Extend Deadline for Completion of Required Improvements. The recommendation is that the City Council authorize an Amendment to the Tax Abatement Agreement With Health Care Service Corporation d /b /a Blue Shield of Texas (City Secretary Contract No. 37067) to Reduce the Minimum Construction Costs for Real Property Improvements From $155 Million to $153 Million and Extend the Completion Deadline for Construction and Installation of Minimum Real and Personal Property Improvements From April 1, 2010, to December 31, 2010. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24402 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 5. M &C C -24403 - Authorize the Execution of Amendment to City Secretary Contract No. 39724 Agreement with the University of North Texas Health Science Center to Expand Use of State Grant Funds for Fort Worth Business Assistance Center Operations and to Reduce the Amount of the Grant to $665,000.00. The recommendation is that the City Council authorize the City Manager to Execute an Amendment to City Secretary contract No. 39724, an Agreement With the University of North Texas Health Science Center Regarding Grant Funds From the State of Texas for Guinn Elementary School Renovations, to Reduce the Amount of the Grant From $700,000.00 to $665,000.00 and to Expand the Use of the Grant Funds to Include Fort Worth Business Assistance Center Operations. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24403 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 6. M &C C -24404 - Authorize the Approval of Grant Amendment No. 1 to City Secretary Contract No. 35315 from the Texas Department of Transportation in the Amount of $2,022,750.00 for the Perimeter Road Construction at Meacham International Airport, Authorize Use of Revenue Derived from Mineral Leases in the Amount of $224,750.00 for the Additional Grant Match and Adopt Appropriation Ordinances. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 26 of 30 (C -24404 Continued) The recommendation is that the City Council authorize the City Manager to Approve Grant Amendment No. 1 to City Secretary Contract No. 35315 From the Texas Department of Transportation (TxDOT) in the Amount of $2,022,750.00 for the Perimeter Road Construction Project at Meacham International Airport; Authorize the Use of Existing Revenue Derived From Mineral Leases on City Owned Airport Properties in the Amount of $224,750.00 for the Additional Amount Required to Meet the City's Match; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund in the Amount of $224,750.00, From Available Funds, for the Purpose of Providing Funding for the Perimeter Road Construction Project at Meacham International Airport; Authorize the Transfer of $224,750.00 From the Airports Gas Lease Project Fund to the Airports Grant Fund for the City's Ten (10) Percent Match; and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Airports Gas Lease Project Fund Subject to Receipt of the Grant Amendment From the Texas Department Transportation, for the Purpose of Funding the Project. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24404 be approved as recommended and Appropriation Ordinance Nos. 19277 -08 -2010 and 19278 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 7. M &C C -24405 - Confirm Emergency Procurement of Services in the Amount of $60,559.05 from Ace Pipe Cleaning, Inc., for Work Performed at the Live Oak Lift Station, Located at 731 Verna Trail. The recommendation is that the City Council confirm the Emergency Procurement of Services From Ace Pipe Cleaning, Inc., in the Amount of $60,559.50 for Work Performed at the Live Oak Lift Station, Located at 731 Vena Trail. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24405 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 8. M &C C -24406 - Authorize Amendment No. 6 to City Secretary Contract No. 29110 with Johnson Controls, Inc., in the Amount of $1,815,526.00 to Implement Phase VI -a of the City's Energy Savings Performance Contract at Village Creek Wastewater Treatment Plant. The recommendation is that the City Council authorize the City Manager to Execute Amendment No. 6 to City Secretary Contract No. 29110 with Johnson Controls, Inc., in the Amount of $1,815,526.00, to Implement Energy Savings Performance Contract, Phase VI -a at Village Creek Wastewater Treatment Plant. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 27 of 30 (C -24406 Continued) Motion: Council Member Moss made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C -24406 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 9. M &C C -24407 - Authorize a Contract in the Amount of $2,268,084.00 with Lewis Contractors, Inc., to Construct the Westside Water Treatment Plant Raw Water Transmission Main Proiect, Located at 12200 Old Weatherford Road. The recommendation is that the City Council authorize the City Manager to Execute a Construction Contract in the Amount of $2,268,084.00 With Lewis Contractors, Inc., to Construct the Westside Water Treatment Plant Raw Water Transmission Main Project, Connecting the Westside Water Treatment Plant to the Existing Tarrant Regional Water District Raw Water Pipeline. Motion: Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C -24407 be approved as recommended. The motion carried unanimously nine (9) ayes to zero (0) nays. 10. M &C C -24408 - Authorize the Acceptance of a Monetary Donation in the Amount of $24,637.90 from Premier Communities Management Company, Inc., Authorize Execution of Construction Contract with Henneberger Construction, Inc., for Park Improvements at Parkwood Hills and Anderson Campbell Reserve Parks in the Amount of $468,891.69 and Adopt Appropriation Ordinance. The recommendation is that the City Council authorize the City Manager to Accept a Monetary Donation in the Amount of $24,637.90 From Premier Communities Management Company, Inc., for Trail Improvements at Parkwood Hills Reserve Park; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Park Improvements Fund in the Amount of $24,637.90, Upon Receipt of a Monetary Donation From Premier Communities Management Company; and Authorize the City Manager to Execute a Construction Contract with Henneberger Construction, Inc., for Park Improvements at Parkwood Hills and Anderson Campbell Reserve Parks in the Amount of $468,891.69. Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24408 be approved as recommended and Appropriation Ordinance No. 19279 -08 -2010 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 28 of 30 XVL ZONING HEARING CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 29 of 30 (XVII. CITIZEN PRESENTATIONS Continued) Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that he did not appreciate staff editing his comments or using intimidation tactics. He advised that he wanted to speak to the City Manager about the budget and that he saw positive changes in people. He stated that the citizens were not informed that the air quality testing that had been completed also showed where the gas was located and guided the gas companies on where to drill. He stated that forty (40) percent of the bus drivers for The "T" were on their last warning and that they did not hand out premium bus passes only regular bus passes this year. He further stated that accidents were up from seven (7) to seventeen (17) and that they were all because of new drivers. He stated that when Union Gospel Mission of Tarrant County had completed their remodeling and expanded the new dorm for the homeless, they had kicked people out of the walk -in to move them to the new dorm. He stated that Feed by Grace had never been registered as a non - profit agency until he had spoken about it at a previous Council meeting but had received City grants and donations from other organizations. He further stated that there were ways to cut the budget so that employees could be paid. He advised that for the Trinity River project, buildings had been torn down, the City had been cheated out of tax money and topsoil was put down so grass could grow, but then would have to be mowed which would cost more money. He also stated that it took three (3) months to get trees trimmed to provide safety at one of the most dangerous bus stops. XVIII. EXECUTIVE SESSION Mayor Moncrief announced that Executive Session on the following items was not necessary: 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 any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 17, 2010 PAGE 30 of 30 XIX. ADJOURNMENT There being no further business, the meeting was adjourned at 1:14 p.m. These minutes approved by the Fort Worth City Council on the 24t' day of August, 2010. Attest: Marty H rix City Secretary