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HomeMy WebLinkAbout2010/10/19-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 Present 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 Absent Mayor Mike Moncrief Council Member Joel Burns, District 9 Staff Present Tom Higgins, Deputy City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Pro tem Scarth called the regular session of the Fort Worth City Council to order at 10:03 a.m., on Tuesday, October 19, 2010, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. IL INVOCATION m Reverend Sandralynn Pierce, Faith [Jnited Methodist Church The invocation was provided by Reverend Sandralynn Pierce, Faith United Methodist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 1 w. Motion: Council Member Zimmerman made a motion, seconded by Council Member Jordan, that the minutes of the regular meeting of October 12, 2010, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 2 of 14 1, There were no items to be withdrawn from the Consent Agenda. There were no items to be continued or withdrawn by staff. VII. CONSENT AGENDA Motion: Council Member Burdette made a motion, seconded by Council Member Zimmerman, that the Consent Agenda be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. A. General - Consent Items 1. M &C G -17085 - Authorize the Purchase of Both Aircraft Insurance for Police Helicopters for an Annual Premium of $66,000.00 and Airport Liability Insurance for Meacham and Spinks Airports for $35,730.00 from Key & Piskuran Insurance Agency for the City of Fort Worth for a Combined Total Premium of $101,730.00. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Exercise an Extension of Both Aircraft Insurance Coverage for Police Helicopters, Purchased From Key & Piskuran Insurance Agency for an Additional One (1) Year Term, Effective October 1, 2010, to September 30, 2011, for an Annual Premium of $66,000.00; and Authorize the City Manager to Exercise an Extension of Airport Liability Insurance Coverage, for Meacham and Spinks Airports Purchased From Key & Piskuran Insurance Agency for an Additional One (1) Year Term, Effective October 1, 2010, to September 30, 2011, for an Annual Premium of $35,730.00. C. Land - Consent Items 1. M &C L -15083 - Authorize the Conveyance of Six 20 Foot Wide Public Utility Easements to the City of Haslet Located South of Alliance Airport from Haslet Park Subdivision North to Westport Parkway. Approved by the City Council as recommended and as follows: Authorizing the Conveyance of Six (6) 20 -Foot Wide Public Utility Easements to the City of Haslet Located South of Alliance Airport From Haslet Park Subdivision North to Westport Parkway; and Authorize the City Manager or His Designee, to Execute and Record the Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 3 of 14 (VII. CONSENT AGENDA Continued) 2. M &C L -15084 - Authorize the City Manager to Execute a Lease with Union Pacific Railroad for Property Located in the Near Eastside Neighborhood for the Maintenance of a Metal Fence. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a One (1) Year Lease With Union Pacific Railroad for Property Located in the Near Eastside Neighborhood for Access to and Maintenance of a Metal Fence That Will be Installed by Union Pacific Railroad From the I -35 Access Road to the Southeast Corner of Presidio Street and Kentucky Avenue, Then Following the Railroad Property Line to Pine Street and Then South to the Railroad Tracks. 3. M &C L -15085 - Authorize the Purchase of 0.011 Acres Located at 700 South Edgewood Terrace from Rodney McNeely for a Total of $775.00 and Pay the Estimated Closing Costs of $1,500.00 for Right -of -Way for the Avenue M, South Edgewood Terrace and Valley Vista Drive Pavement Reconstruction Contract 5B. Approved by the City Council as recommended and as follows: Authorizing the Acquisition of Fee Simple Interest in 0.011 Acre, Excluding Minerals, Located at 700 South Edgewood Terrace, Described as a Portion of Lot X, Block No. 22, Murray Hill Addition, Fort Worth Tarrant County, Texas 76103, From Rodney McNeely for Right -of -Way for the Avenue M, South Edgewood Terrace and Valley Vista Drive Pavement Reconstruction Contract 513; Finding That the Price of $775.00 is Just Compensation for the Acquisition; and Authorizing the City Manager or His Designee to Accept the Conveyance and Record the Appropriate Instruments and Pay the Estimated Closing Costs Up to $1,500.00. E. Award of Contract - Consent Items 1. M &C C -24542 - Authorize a License Agreement with the Tarrant Regional Water District and Cowtown Watersports Complex, LLC, d /b /a Cowtown Wakepark, for Use of a Portion of Trinity Park for Recreational Amenities Associated with the Operation of a Cable- Driven Wakeboarding and Water Skiing Facility. Approved by the City Council as recommended and as follows: Authorizing a License Agreement With the Tarrant Regional Water District and Cowtown Watersports Complex, LLC, d/b /a Cowtown Wakepark, for Use of a Portion of Trinity Park for Recreational Amenities Associated with the Operation of a Cable- Driven Wakeboarding and Water Skiing Facility. 2. M &C C -24543 - Authorize the City Manager to Execute a Communications Systems Agreement with Tarrant County College District for Participation in the City of Fort Worth's Two -Way Public Safety Radio System at No Cost to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 4 of 14 (VII. CONSENT AGENDA Continued) (C -24543 Continued) Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Communications Systems Agreement With Tarrant County College District for Participation in the City of Fort Worth's Two (2) Way Public Safety Radio System in Which Tarrant County College District Will Reimburse its Share of Operations and Maintenance to Ensure No Cost to the City of Fort Worth, and for Fiscal Year 2011 the Reimbursement is Estimated to be Approximately $28,000.00. 3. M &C C -24544 - Authorize a Five Year Tax Abatement Agreement with Shalitha Shelby for Property Located at 1516 East Magnolia Avenue in the Evans and Rosedale Neighborhood Empowerment Zone. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Enter Into a Five (5) Year Tax Abatement Agreement With Shalitha Shelby for the Property at 1516 East Magnolia Avenue, Described as Lot 8, Block 11, Lakeview Addition, Fort Worth, Tarrant County, Texas, in the Evans and Rosedale Neighborhood Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. 4. M &C C -24545 - Authorize a Five -Year Tax Abatement Agreement with Stacy V. Cole for Property Located at 4812 Bryant Irvin Court in the Ridglea /Como Neighborhood Empowerment Zone. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Enter Into a Five (5) Year Tax Abatement Agreement With Stacy V. Cole for the Property at 4812 Bryant Irvin Court, Described as Lot 11 -R4 -2, Ridglea Park Addition, Fort Worth, Tarrant County, Texas, in the Ridglea /Como Neighborhood Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. 5. M &C C -24546 - Authorize a Five -Year Tax Abatement Agreement with Edward A. Jackson Jr., for Property Located at 5320 Elgin Street in the Stop Six Neighborhood Empowerment Zone. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Enter Into a Five (5) Year Tax Abatement Agreement With Edward A. Jackson Jr., for the Property at 5320 Elgin Street, Described as Lots AB 3131 and 4131, Block 10, Lizzie Davis Subdivision, Fort Worth, Tarrant County, Texas, in the Stop Six Neighborhood Empowerment Zone in Accordance With the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 5 of 14 (VII. CONSENT AGENDA Continued) 6. M &C C -24547 - Authorize Execution of an Engineering Agreement in the Amount of $283,630.00 with HDR Engineering, Inc., for an Engineering Analysis of the Deployment of Adaptive Traffic Signal Control Equipment. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute an Engineering Agreement in the Amount of $283,630.00 With HDR Engineering, Inc., for an Engineering Analysis of the Deployment of Adaptive Traffic Signal Control Equipment at 12 Intersections Along Bryant Irvin Road From State Highway 183 South Through Overton Ridge Boulevard and University Drive From Colonial Parkway South Through Benbrook Boulevard. 7. M &C C -24548 - Authorize Execution of a Task Order Contract with Durable Specialties, Inc., for Signal Construction Services for an Amount Not to Exceed $600,000.00. Approved by the City Council as recommended and as follows: Authorizing the City Manager to Execute a Task Order Contract With Durable Specialties, Inc., for Signal Construction Services for an Amount Not to Exceed $600,000.00 With Two (2) Renewal Options With the Same Terms, Conditions and Unit Prices. 8. M &C C -24549 - Authorize the Execution of a Contract in the Amount of $273,832.50 with Conatser Construction TX, LP, for Sanitary Sewer Rehabilitation Contract LXVIII, Part 3 on Oaklawn Drive and Alleyway Between Bailey Avenue and Northwood Road and Adopt Appropriation Ordinance. Approved by the City Council as recommended and as follows: Authorizing the Transfer of $311,524.50 From the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 19411 -10 -2010 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund From Available Funds for the Purpose of Funding Sanitary Sewer Rehabilitation Contract LXVIII (68), Part 3; and Authorizing the City Manager to Execute a Contract in the Amount of $273,832.50 With Conatser Construction TX, LP. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1790 - Notice of Claims for Alleged Damages and /or Injuries 2.00S - 1791 - Liability Bonds Approval End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 6 of 14 IX. SPECIAL PRESENTATIONS, , There were no special presentations, introductions, etc. I w, 1 1. Upcoming a nd Recent Events Council Member Burdette announced that the Art Cowsen Trailhead and Trinity Trails to Benbrook dedication ceremony would be held on October 23, 2010, at 10:00 a.m., at Pecan Valley Park, located at 1301 Memorial Oak Drive, Benbrook, Texas. He invited everyone to attend the dedication and the optional bike ride. Council Member Moss expressed appreciation to staff for their assistance at the Neighborhood Association Leadership Workshop which was held on October 16, 2010, at the Tarrant County College Opportunity Center. He advised that the topics covered leadership skill strategies to better connect the community and stated he looked forward to similar workshops in the future. He also announced that the Stop Six Sunrise Community meeting would be held on October 19, 2010, from 6:00 p.m. to 8:00 p.m., at Sunrise Elementary School. He encouraged all citizens from the Stop Six Sunrise Community to attend the meeting and advised that representatives from the Police and Code Compliance Departments would be in attendance to discuss community issues. Mayor Pro tem Scarth advised that Council Member Burns was absent from the Council Meeting because he was asked to appear on the Ellen DeGeneres Show in California. He also announced that he attended the first service held at the Potter's House Fort Worth on October 16, 2010. He stated that the service was well attended and the church was a great addition to the community. 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mr. Jacinto Ramos, be appointed to Place 2 on the Community Development Council and that Ms. Ann Farley Parker be appointed to Place 2, on the Appeals Board effective October 19, 2010, with both terms expiring October 1, 2012. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 7 of 14 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 8 of 14 XIV. REPORT OF THE CITY MANAGER B. General 1. M&C G-17086 - Authorize t o Temporary Closure f Throckmorton Street Between West late► Street and West 8th Street from October 2a, 2aia tl►rou�l► Noveriaber 29, gala. The recommendation was that the City Council Authorize the Temporary Closure of Throckmorton Street Between West 10th Street and West 8th Street From October 20, 2010, Through November 29, 2010, to Facilitate Road Reconstruction Associated With the Hyde Park Transit Plaza and 9th Street Improvements Project. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G -17086 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. D. Land L L-15086 - Authorize t e Condemnation of a FeElSimple Interest in c 2,Lot , Sttrin2dale Addition, Also Known As 2248 Blandin Street, and a 6.187 Acre Tract of Land Located in the J.B. York Survey A-1754, Tract 5M, Owned bl G W Williams, for te Dr3: Branch Creek Phase 2 Imr)rovement Proiect 2004. The recommendation was that the City Council Declare the Necessity to Acquire by Condemnation a Fee - Simple Interest Property Located at 2248 Blandin Street, Described as Block 2, Lot 1, Springdale Addition and 6.187 Acres Tract of Land; Located in the J.B. York Survey, A -1754, Tract 5M, Owned by G W Williams, for the Dry Branch Creek Phase 2 Improvement Project 2004, Because Mr. Williams has not Responded to the City's Recent Attempts to Negotiate; and Authorize the City Attorney to Institute Condemnation Proceedings to Acquire the Interest in the Land; and Authorize the Acceptance and Recording of the Appropriate Instruments. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G -15086 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. F. Award of Contract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 9 of 14 (C -24550 Continued) Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -24550 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. 2. MSC C -24551 - Authorize the Execution of a Contract with the United Way of Tarrant Countv in the Amount of $281,000.00 from the General Fund to r to Social r ra s in Fort Worth. The recommendation was that the City Council Authorize the Execution of a Contract With United Way of Tarrant County in the Amount of $281,000.00 From the General Fund to Coordinate Area Agencies and Social Service Activities and Programs Within the Fort Worth Community. Council Member Hicks advised she had a business relationship with United Way and would abstain from voting on this item. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24551 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent and one (1) abstention by Council Member Hicks. Five One-Year Periods. The recommendation was that the City Council Authorize a One (1) Year Contract in an Initial Amount Up to $1,353,600.00 With Bermex, Inc., for Meter Reading Services With Options to Renew the Contract for Up to Five (5) One (1) Year Periods. Motion: Council Member Hicks made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24552 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 10 of 14 (C -24553 Continued) The recommendation was that the City Council Authorize a Substantial Amendment to the City's 1994- 1995, 2000 -2001, 2003 -2004, 2004 -2005, 2005 -2006, 2006 -2007, 2007 -2008, and 2008 -2009 Action Plans; Authorize the City Manager, or His Designee, to Substitute Funding Years in Order to Meet United States Department of Housing and Urban Development Commitment, Disbursement and Expenditure Deadlines; and Authorize an Expenditure of an Additional $550,000.00 of HOME Investment Partnerships Program Grant Funds to Race Street Lofts, Ltd., for a Subordinate Loan Not to Exceed $1,412,584.00 for the Development of the Race Street Lofts Project Located Between the 2800 and 2900 Blocks of Race Street in the Six Points Urban Village. Council Member Espino advised that the seller of these properties was involved in a legal matter and since he was an attorney he would abstain from voting on this item. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C -24553 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent and one (1) abstention by Council Member Espino . The recommendation was that the City Council Authorize the Transfer of $472,000.00 From the Specially Funded Capital Projects Fund to the General Fund for Management of the Fort Worth Public Art Program and Maintenance of the Public Art Collection; Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the General Fund From Available Funds, for the Purpose of Funding the Management of the Fiscal Year 2011 Public Art Collection and Maintenance of the Public Art Collection; and Authorize the City Manager to Execute a Professional Management Services Agreement With the Arts Council of Fort Worth and Tarrant County, Inc., in the Amount of $422,800.00 for a Period of One (1) Year, With the Option to Renew for Four (4) Additional One (1) Year Terms. Motion: Council Member Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C -24554 be approved and Appropriation Ordinance No. 19412 -10 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 11 of 14 ,,,, ... .....,.., =1111,111", Care Nutrition Pro,�r < After ....... ......... .......... ....... ............. Programs, ., ......... .. Contract with the Inas Department Appropriation Ordinance. The recommendation was that the City Council Authorize the City Manager to Apply for and Accept, if Awarded, a Grant From the Texas Department of Agriculture in an Amount Up to $150,000.00 for the Child and Adult Care Nutrition Program for At -Risk After School Programs; Authorize the Execution of a Contract With Texas Department of Agriculture for the Child and Adult Care Nutrition Program, At -Risk After School Programs for the Fiscal Year October 1, 2010, Through September 30, 2011, Upon Receipt of the Grant; Authorize the City Manager to Waive the Indirect Costs, Which are Not Allowed by This Grant and are Addressed by Other Grants That Provide Salaries for Staff, and Adopt an Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grants Fund, Subject to Receipt of the Grant. Motion: Council Member Espino made a motion, seconded by Council Member Zimmerman, that Mayor and Council Communication No. C -24555 be approved and Appropriation Ordinance No. 19413 -10 -2010 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Burns absent. XV. CITIZEN PRESENTATIONS 1. Mr. Richard Shenard, rs r s of the Fort r a Center and , 3216 Preston a ece t Oncor Electric Transmission Line Public Utilities Settlement Mr. Richard Shepard, President, Friends of the Fort Worth Nature Center and Refuge, 3216 Preston Hollow Road, appeared before Council and expressed appreciation to the Council and Parks and Community Services (PACS) Department for the action taken by the City Council and City of Fort Worth Departments on behalf of the Fort Worth Nature Center and Refuge. He stated that Oncor had planned for a new electrical power line to cross the northern portion of the Nature Center and Refuge. He advised that after alerting the City Council and the Parks and Community Services Department, the City was able to get involved with the Public Utilities Commission and establish a significant case against the use of the Nature Center forest, wetlands, and airspace for the electrical transmission line. He stated that the Nature Center was spared and added that the Friends of the Fort Worth Nature Center and Refuge looked forward to continuing a mutually beneficial relationship. (provided a copy of his comments) Mayor Pro tem Scarth and Council Member Burdette expressed appreciation to Mr. Shepard and the Friends of the Fort Worth Nature Center and Refuge for their continued commitment to and protection of the Nature Center. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 12 of 14 (XV. CITIZEN PRESENTATIONS Continued) 2. Mr. Lerov Comlev. 2604 Market Avenue. Code Compliance Issues Mr. Leroy Comley, 2604 Market Avenue, appeared before Council and advised that he was hospitalized at John Peter Smith (JPS) for health issues related to diabetes and he received sub- standard treatment while at the hospital. He also advised that he had filed a formal complaint with the Tarrant County Commissioners' Office, which had not yet been addressed. He also advised that his neighbor's large tree branches where falling into the street and his yard, which caused problems when he mowed his lawn and was not safe. He stated that a Code Compliance Officer advised him that the tree was on his property and that the City would remove the branches from the street but could not provide assistance to keep the branches from falling. He added he was going to chop down the tree and have it fall onto the street so the City would remove it. He also stated that there was heavy truck traffic on Market Avenue and stated the City sign that advised the public that "thru truck traffic" was not permitted had been torn down. Mayor Pro tem Scarth advise Mr. Comley that the Council was sympathetic to his experience at JPS, but the Council had no control over JPS. He referred Mr. Comley to Mr. Brandon Bennett, Director, Code Compliance, for resolution of the Code Compliance issue. 3. Mr. Joe Icon Brandon, P. O. Box 1155, Fiscal Year 2011 Budget Mr. Joe Don Brandon, P.O. Box 1155, appeared before Council and stated that he gave the Council respect and the Council should provide him the same respect when he made comments at meetings. He displayed a photograph of a handicapped individual and stated he was harassed and arrested relative to a citation received in 1986 and was issued another ticket last week for loitering for the purpose of begging. He stated the City had the best Police Department in the Nation but added that the Police Department was getting a bad name relative to harassment of this individual because they did not want him there. He also displayed a photograph of illegal wires on Henderson Street relative to gas line drilling where a beer bottle was used to adjust the slack on a wire, which he explained was dangerous. He advised that Las Vegas, Nevada had $250M stolen from investors by two (2) brothers who were from Fort Worth and advised he felt like these individuals were also involved in scandals here in the City. He stated that the citizens' rights had been stripped away and the citizens had no say in what projects were going on in the City and stated examples of this were the 9th Street Park project and the Riverside Water Storage project. He also stated that over the years the City had edited out words in recordings of Council meetings. He also referenced the "house rules" and stated they were not in writing and therefore did not exist. He advised that if the Council continued to pick on him that he would file a complaint in federal and state court. He expressed appreciation to Council Member Hicks for her assistance in an issue involving the railroad. He stated that the rock piling next to the tracks at various railroad sites throughout the City was falling through bridges and rolling over the edges of the embankments and landing on the street. He advised that this was dangerous to pedestrians and drivers. He stated the City and the railroad were among the biggest code violators. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 13 of 14 Other Citizen Presentations: Mr. George Vernon Chiles, 2800 Jennings, appeared before Council relative to a citation he received for walking in the road when a sidewalk was available, which the officer alleged was a violation of a City ordinance. He provided a copy of the court documents, citation, police report and narrative, and public information request documents. He stated that the City had no ordinance prohibiting walking in the street when a sidewalk was available. He stated that after doing significant research, he found out that he violated the Texas Transportation Code, Section 552.006. He advised that the City was a continuing criminal enterprise and added that illegal citations had also been issued to other people. He stated he intended to pursue the issue at the federal level. Ms. Cindi Creswell, 3663 Brookland Avenue, appeared before Council relative to the proposed Mary's Creek Satellite Plant and the Clear Fork Regional (CFW - Aledo) Wastewater Treatment Plant. She displayed a copy of each project description printed from the City's website. She advised that the citizens were not opposed to the proposed Mary's Creek Satellite Plant being built in the area but they did not want it in their backyards. She stated that the City was not forthcoming with information and advised that much of the information the citizens received relative to this project was by chance. She stated the information on the City's website stated the plant would be located south of I -30 and west of Loop 820. She pointed out that the only sites in that area were sites two (2) and four (4). She added that the City had assured the citizens that a decision had not been made on the location but according to the information on the website, it seemed like the City had already made a decision. She also stated that the information on the website was unclear and citizens did not understand how the City was involved and who was paying for the Clear Fork Regional (CFW - Aledo) Wastewater Treatment Plant. She stated that citizens needed to be informed if the City of Aledo or the City of Fort Worth was paying for the plant or if the cost would be shared. Mayor Pro tem Scarth referred Ms. Creswell to the Water Department for an update and explanation relative to both projects. Mr. Fernando Costa, Assistant City Manager, advised that some of the information on the City's website appeared to be incorrect. He stated staff would review and correct the information as soon as possible. XVL EXECUTIVE SESSION (PRE - COUNCIL CHAMBER) Executive Session was held immediately following the Pre - Council Meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 19, 2010 PAGE 14 of 14 XVH. ADJOURNMENT There being no further business, the meeting was adjourned at 10:4 Ia. in. These minutes approved by the Fort Worth City Council on the 26"' day of October, 2010. Attest: Approved: Marty H x Michae J. Moncr of City Secretary Mayor