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HomeMy WebLinkAbout2012/04/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Present: Mayor Betsy Price Mayor Pro tern W.B. "Zim"Zimmerman, District 3 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Dennis Shingleton, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Absent: Council Member Frank Moss, District 5 Staff Present: Tom Higgins, City Manager Sarah Fullenwider, City Attorney Mary J. Kayser, City Secretary I. CALL TO ORDER With a quorum of the City Council Members present, Mayor Price called the regular session of the Fort Worth City Council to order at 7:03 p.m., on Tuesday, April 10, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Moss absent. II. INVOCATION - Pastor Chris Blakley, Sagamore Hill Baptist Church The invocation was provided by Pastor Chris Blakley, Sagamore Hill Baptist Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF APRIL 3, 2012 City Secretary Kayser stated that the Minutes of the regular meeting of April 3, 2012, would be corrected to state that the motion on Mayor and Council Communication No. G-17567 should state that the public hearing was continued and not closed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 2 of 15 Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the Minutes of the regular meeting of April 3, 2012, be approved as corrected. The motion carried unanimously 8 ayes to 0 nays, with Council Member Moss absent. V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication Nos. P-11373 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF Motion: Council Member Shingleton made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-17568 be continued until the May 1, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Council Member Moss absent. (See page 10 for citizen comments.) VII. CONSENT AGENDA Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that the Consent Agenda be approved as amended. The motion carried unanimously 8 ayes to 0 nays, with Council Member Moss absent. A. General- Consent Items - None B. Purchase of Equipment, Materials, and Services - Consent Items 1. M&C P-11372 - Authorize Rejection of All Bids Received for Bid No. 11-0244 Washington Style Lanterns and Posts for the Transportation and Public Works Department and Authorize Issuance of a New Invitation to Bid. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize rejection of all bids received for Bid No. 11-0244 Washington Style Lanterns and Posts for the Transportation and Public Works Department and authorize issuance of a new Invitation to Bid. 3. M&C P-11374 - Authorize Purchase Agreements with Midwest Tape, LLC, Baker & Taylor, and Book Wholesalers, Inc., for Digital Video Discs for the Library in an Amount Up to $740,000.00 for the First Year. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize purchase agreements with 1) Midwest Tape, LLC, for digital video discs and cataloging and processing services; 2) Baker & Taylor for digital video discs; and 3) Book Wholesalers, Inc., for digital video discs for the Library in an amount up to $740,000.00 for the first year. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 3 of 15 4. M&C P-11375 - Authorize Purchase of a Hybrid Aerial Bucket Truck for the Parks and Community Services Department from The Around The Clock Freightliner Group, LLC, Using a Texas Smart Buy Cooperative Contract for the Parks and Community Services Department in the Amount of$187,417.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the purchase of a hybrid aerial bucket truck for the Parks and Community Services Department from The Around The Clock Freightliner Group, LLC, using the Texas Smart Buy Cooperative Contract Number 071-A 1 in the amount of$187,417.00. 5. M&C P-11376 - Authorize Purchase from Mark III Systems, Inc., in the Amount of$195,342.00 for Hardware, Software, Maintenance and Related Services for the Information Technology Solutions Department, Using a Department of Information Resources Contract and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize purchase from Mark III Systems, Inc., in the amount of $195,342.00 for hardware, software, maintenance and related services for the Information Technology Solutions Department using a Department of Information Resources Contract No. DIR-SDD-952; and adopt Appropriation Ordinance No. 20161-04-2012 increasing the estimated receipts and appropriations in the Special Trust Fund, from available funds, for the services. C. Land- Consent Items 1. M&C L-15346 - Amend M&C L-15297 to Change the Grantee's Name to Kemp & Sons General Services, Inc., for Purchase of Tax Foreclosed Property Located at 213 South Freeway from the November 17, 2011 Tax Foreclosure Property Sealed Bid Sale. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Amend M&C L-15297 to change the grantee's name from Regina Kemp to Kemp & Sons General Services, Inc., for purchase of tax foreclosed property at 213 South Freeway from the November 17, 2011, Tax Foreclosure Property Sealed Bid Sale; and authorize execution and recording of the Correction Tax Resale Deed. 2. M&C L-15347 - Authorize Acquisition of a Fee Simple Interest in 0.1721 Acres of an Improved Lot for the Lebow Channel Drainage Improvements Project, Located at 3253 Hutchinson Street from Homestate Property Inc., in the Amount of$40,500.00, Pay the Estimated Closing Costs Up to $3,000.00 for a Total Cost of $43,500.00, and Authorize Payment of Relocation Assistance in an Amount Up to $50,000.00. (COUNCIL DISTRICT 2) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 4 of 15 The City Council approved the following recommendation: Authorize acquisition of a fee simple interest in an improved lot of 0.1721 acre for the Lebow Channel Drainage Improvements Project, located at 3253 Hutchinson Street, Fort Worth, Texas, described as Lot 2, Block 36, J M Moody Subdivision, from Homestate Property, Inc.; find that the total purchase price in the amount of $40,500.00 is just compensation; authorize acceptance of the conveyance, the recording of the appropriate instruments and payment of the estimated closing costs in the amount of $3,000.00; and authorize the payment of relocation assistance in the amount up to $50,000.00. 3. M&C L-15348 - Authorize Acquisition of a Fee Simple Interest in 0.1721 Acres of an Improved Lot for the Lebow Channel Drainage Improvements Project, Located at 3251 Hutchinson Street, from Wayne and Rita Mardis in the Amount of$40,500.00, Pay the Estimated Closing Costs Up to $3,000.00 for a Total Cost of $43,500.00 and Authorize Payment of Relocation Assistance in an Amount Up to $25,000.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.1721 acre of an improved lot for the Lebow Channel Drainage Improvements Project, located at 3251 Hutchinson Street, Fort Worth, Texas, described as Lot 1, Block 36, J M Moody Subdivision from Wayne and Rita Mardis; find that the total purchase price in the amount of $40,500.00 is just compensation; authorize acceptance of the conveyances, the recording of the appropriate instruments and payment of the estimated closing costs up to $3,000.00; and authorize the payment of relocation assistance in the amount up to $25,000.00. D. Planning& Zoning- Consent Items -None E. Award of Contract- Consent Items 1. M&C C-25546 - Authorize Execution of a License Agreement with American Tower Asset Sub, LLC, in the Amount of $42,000.00 Annually for the Lease of Space at the Westland 6 Radio Tower Site. (COUNCIL DISTRICT 3) The City Council approved the following recommendation: Authorize execution of a License Agreement with American Tower Asset Sub, LLC, in the amount of$42,000.00 annually for the lease of space at the Westland 6 Radio Tower Site as part of the Public Safety Radio Upgrade Project. 2. M&C C-25547 - Authorize Transfer of $235,329.89 from Specially Funded Capital Projects Fund to the Special Trust Fund and the Transfer of $53,265.00 from the Special Trust Fund to the Stormwater Utility Fund for Cost Savings and Reimbursement Related to the Relocation of the City's Auto Pound Facility and Resulting Construction of a New Service Center at U.S. Highway 287 and Bonds Ranch Road and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 7) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 5 of 15 The City Council approved the following recommendation: Authorize transfer of $235,329.89 from the Specially Funded Capital Projects Fund to the Special Trust Fund; adopt Appropriation Ordinance No. 20162-04-2012 increasing the estimated receipts and appropriations in the Special Trust Fund, from available funds, for the purpose of returning unused funds from the auto pound facilities project for use on future TRV related projects; authorize transfer of $53,265.00 from the Special Trust Fund to the Stormwater Utility Fund; and adopt Appropriation Ordinance No. 20163-04-2012 increasing the estimated receipts and appropriations in the Stormwater Utility Fund, from available funds, for the purpose of funding the cost of site planning work on the land located at the northeast corner of U.S. Highway 287 and Bonds Ranch Road. 3. M&C C-25548 - Amend M&C C-24973 Authorizing Tax Abatement and Economic Development Program Agreements with KXAS/NBC-5 for Construction of a New Production Facility at the Southwest Corner of Amon Carter Boulevard and FAA Boulevard t o Extend Various Completion Deadlines. (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Amend Mayor and Council Communication No. C-24973 authorizing a Tax Abatement and Economic Development Program Agreements with KXAS/NBC-5 by extending various completion deadlines required by the agreement for construction of a new Production Facility at the southwest corner of Amon Carter Boulevard and FAA Boulevard. 4. M&C C-25549 - Authorize Execution of a Contract with Lloyd D. Nabors Demolition, LLC, in the Amount of $92,700.00 for Removal, Transportation and Disposal of Asbestos Containing Materials from and the Demolition of the Former Vickery Crossing Office Buildings Located at 650 West Vickery Boulevard, for the Hemphill/Lamar Connector Project Authorize Transfer from the Environmental Protection Project Fund to the Street Improvements Fund in the Amount of $17,365.00 and Adopt Appropriation Ordinance. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize the transfer of$17,365.00 from the Environmental Protection Project Fund to the Street Improvements Fund; adopt Appropriation Ordinance No. 20164-04-2012 increasing the estimated receipts and appropriations in the Street Improvements Fund, from available funds, for the purpose of funding the removal, transportation and disposal of asbestos containing materials from the former Vickery Crossing office buildings located at 650 West Vickery Boulevard; and authorize execution of a contract with Lloyd D. Nabors Demolition, LLC, in the amount of$92,700.00 for the project. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 6 of 15 5. M&C C-25550 - Authorize Application for and Acceptance, if Awarded, of a Grant from the North Central Texas Council of Governments in the Amount of $93,470.00 for the Purpose of Funding the Cowtown Recycles Downtown Project and Authorize Use of Funds for In-Kind Match and Adopt Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize application for and acceptance, if awarded, a grant from the North Central Texas Council of Governments in the amount of$93,470.00, for the purpose of funding the "Cowtown Recycles Downtown" project; authorize the use in the amount up to $833.00 from the Solid Waste Fund as in-kind matching funds for this grant; and adopt Appropriation Ordinance No. 20165-04-2012 increasing the estimated receipts and appropriations in the Grants Fund, subject to receipt of the grant, for the purpose of funding the project. 6. M&C C-25551 - Authorize Amendment No. 4 to City Secretary Contract No. 38473 with URS Corporation in the Amount of$24,911.00 for the Development of GIS-Based Processes to Evaluate Matters Related to the Protection of the Navigable Airspace for Airports Within the City of Fort Worth. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize Amendment No. 4 to City Secretary Contract No. 38473 with URS Corporation in the amount of $24,911.00 for the development of GIS-Based processes to evaluate matters related to the protection of the navigable airspace for airports within the City of Fort Worth. 7. M&C C-25552 - Authorize Execution of Change Order No. 3 to City Secretary Contract No. 40169 with Oscar Renda Contracting, Inc., in the Amount of $210,124.22 for a Total Contract Amount of $6,026,440.02 for Medical District Water Distribution System Improvements, Part 4 from South Holly Water Treatment Plant to the Medical District. (COUNCIL DISTRICT 9) The City Council approved the following recommendation: Authorize execution of Change Order No. 3 to City Secretary Contract No. 40169 with Oscar Renda Contracting, Inc., in the amount of $210,124.22 for Medical District Water Distribution System Improvements, Part 4 from South Holly Water Treatment Plant to the Medical District, thereby increasing the contract amount to $6,026,440.02. 8. M&C C-25553 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 41740 with Lockwood, Andrews & Newnam, Inc., in the Amount of $181,659.00 for a Total Contract Amount of $396,365.00 for Sanitary Sewer Rehabilitation Contract 75 on Cleburne Road, Sandage Avenue, Devitt Street, Orange Street, Medford Court and Stratford Court. (COUNCIL DISTRICTS 8 and 9 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 7 of 15 The City Council approved the following recommendation: Authorize execution of Amendment No. 1 to City Secretary Contract No. 41740 with Lockwood, Andrews & Newnam, Inc., in the amount of $181,659.00 for Sanitary Sewer Rehabilitation Contract 75, thereby increasing the contract amount to $396,365.00. 9. M&C C-25554 - Authorize Execution of Change Order No. 1 to City Secretary Contract No. 42360 with Conatser Construction TX, LP, in the Amount of $115,630.00 for a Total Contract Amount of$1,365,227.00 for Water and Sanitary Sewer Main Relocations for the Trinity River Vision - Central City Project and the Trinity Uptown Service Area Phase 1 - Bridge and Channel Relocations, Part 1 Henderson Street Bridge Water and Sanitary Sewer Relocations. (COUNCIL DISTRICTS 2 and 9) The City Council approved the following recommendation: Authorize execution of Change Order No. 1 to City Secretary Contract No. 42360 with Conatser Construction TX, LP, in the amount of $115,630.00 for Water and Sanitary Sewer Main Relocations for the Trinity River Vision - Central City Project and the Trinity Uptown Service Area Phase 1 - Bridge and Channel Relocations, Part 1 Henderson Street Bridge Water and Sanitary Sewer Relocations, thereby increasing the contract amount to $1,365,227.00. 10. M&C C-25555 - Authorize Execution of an Engineering Agreement with Hazen and Sawyer, P.C., in the Amount of $352,236.00 for the Design of the Village Creek Water Reclamation Facility Gravity Belt Thickener Addition. (COUNCIL DISTRICT 5) The City Council approved the following recommendation: Authorize the execution of an engineering Agreement with Hazen and Sawyer, P.C., in the amount of $352,236.00 for the design of the Village Creek Water Reclamation Facility Gravity Belt Thickener Addition. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEIVIS 1. OCS - 1847- Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. B. Purchase of Equipment, Materials, and Services - Removed from Consent Agenda for Individual Consideration 2. M&C P-11373 - Authorize Purchase Agreement with Hugulev Memorial Medical Center in the Amount of $450,000.00 for the First Year for Annual Physical Fitness and Medical Testing for the Police and Fire Departments. (AIL.. COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 8 of 15 The recommendation was that the City Council authorize a purchase agreement with Huguley Memorial Medical Center in the amount of $450,000.00 for the first year for annual physical fitness and medical testing for the Police and Fire Departments. Council Member Hicks advised she had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-11373 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Hicks and Council Member Moss absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1. Recognition of Fort Worth Sister Cities Youth Exchange from Trier, Germany Mr. Michael Bennett, Trier Committee Chair, Fort Worth Sister Cities International, recognized the Fort Worth Sister Cities Youth Exchange from Trier, Germany. He stated that 15 students and one teacher were here for two weeks as part of the Sister Cities Ambassador High School Exchange program. He stated that the program was hosted by Arlington Heights, Trinity Valley and All Saints Episcopal High Schools. Representatives from Trier, Germany presented the Mayor and Council with art work from Trier artists which signified cultural cohesiveness. 2. Presentation of Proclamation of National Osteopathic Medicine Week Council Member Shingleton presented the Proclamation for National Osteopathic Medicine Week to student doctors from the University of North Texas Health Science Center, Texas College of Osteopathic Medicine. He stated that there were currently more than 78,000 osteopathic physicians (DOs) in the United States who have made tremendous contributions to the American health care system since osteopathic medicine was founded in 1874. He further stated that DOs were fully licensed to prescribe medicine and practice in all specialty areas of medicine, including surgery, were trained to consider the health of the whole person and had treated numerous people from U.S. Presidents to Olympic athletes. He stated that DOs contributed to the fight against AIDS, fought for civil rights and had served on nationwide healthcare panels and boards. He pointed out that the University of North Texas Health Science Center trained the student osteopathic physicians at the Texas College of Osteopathic Medicine (TCOM), one of the Nation's distinguished graduate institutions, and had, throughout four decades of growth and expansion, explored and taught the promotion of good health, not just the treatment of disease, in the practice of medicine. He also recognized key administrators from the University of North Texas Health Science Center, Texas College of Osteopathic Medicine that were present in the audience. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10,2012 Page 9 of 15 3. Presentation by Texas Motor Speedway Council Member Espino announced that April 12 through 14, 2012, was race weekend at Texas Motor Speedway. He stated that the Samsung 500 Race would take place on a Saturday night and encouraged everyone to attend. He also pointed out that race weekend attracted approximately 200,000 fans and spectators to the event which provided economic benefits to the entire area. He encouraged everyone to wear green to kick off the beginning of Texas Motor Speedway race season. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Jordan wished former Mayor Bob Boland a happy 86th birthday. Council Member Hicks announced that the grand opening of the Police Department's new East Lancaster storefront would be held on April 12, 2012, at 10:00 a.m. at 1509 East Lancaster Avenue. She stated the storefront would house the area neighborhood patrol officer, homeless liaison officer, and two central division officers. Council Member Espino extended advance happy birthday wishes to his son, Salvador Espino, Jr., who would turn 22 years old on April 12, 2012. Mayor Price announced that the Victory Over Violence Run/Walk was held on April 7, 2012, and was a well attended successful event. She also announced the Race for the Cure would be held in Fort Worth on April 14, 2012, at Ridgnlar Mall and encouraged everyone to attend. 2. Recognition of Citizens There were no citizens recognized at this time. XL PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions There were no changes in membership on Boards and Commissions. XII. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COiMMITTEES There were no presentations and/or communications from boards, commissions and/or city council committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 10 of 15 XIII. REPORT OF THE CITY MANAGER A. Benefit Hearing- None B. General 1. M&C G-17568 - Adopt Ordinance Amending Section 23.8 "Noise" of Chapter 23, "Miscellaneous Offenses" of the Code of the City of Fort Worth to Add Decibel Levels, Add Definitions Related to Noise, Set Maximum Sound Levels Based on Zoning Categories, Regulate Amplifiers in the Right-of-Way, and Restrict Animal Noise. (ALL COUNCIL DISTRICTS) The recommendation was that the City Council adopt an Ordinance amending Section 23.8 "Noise" of Chapter 23, "Miscellaneous Offenses" of the Code of the City of Fort Worth, to amend the noise ordinance to add decibel levels; to add definitions related to noise; to set maximum sound levels based on zoning categories; to regulate amplifiers in the right of way; to restrict animal noise; and to allow exceptions. City Secretary Kayser advised that Mayor and Council Communication No. G-17568 had been continued until the May 1, 2012, Council meeting. Ms. Yolanda Eidson, 3015 Ellis Avenue, appeared before Council in support of Mayor and Council Communication No. G-17568. Mr. Jim Ashford, 6209 Riverview Circle, completed a speaker card in opposition to Mayor and Council Communication No. G-17568, but did not wish to address the Council. Ms. Sharon Orr, 908 Haynes, submitted a comment card in support of Mayor and Council Communication No. G-17568. 2 M&C G-17569 - Conduct a Public Hearing and Adopt Ordinance Repealing Moratorium on Salt Water Disposal. Wells and Amending Section 15-42, Paragraph 29, Chapter 15 of the City Code to Prohibit Salt Water Disposal Wells. (ALL COUNCIL DISTRICTS) (PUBLIC HEARING) The recommendation was that the City Council conduct a public hearing and, following the public hearing, adopt an Ordinance repealing the moratorium on salt water disposal wells; amending the Code of Ordinances of the City of Fort Worth, by amending Chapter 15, "Gas", Article II, "Gas Drilling and Production", Section 15-42, Paragraph 29, to prohibit salt water disposal wells within the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 11 of 15 City Secretary Kayser advised the Mayor and Council Communication G-17569 was a continuation of the public hearing held on April 3, 2012, under Mayor and Council Communication G-17567. a. Report of City Staff Mr. Rick Trice, Assistant Director, Gas Wells, Planning and Development Department, appeared before Council and provided a staff report. Council Member Jordan made a motion, seconded by Council Member Shingleton, that the public hearing be closed, that Mayor and Council Communication No. G-17569 be approved and Ordinance No. 20166-04-2012 be adopted. (See page 12 for Council vote.) b. Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication No. G-17569. Ms. Libby Willis, 2300 Primrose Avenue Ms. Blanca Gonzales, 3309 Minot Avenue Mr. Robert Horton, 9104 Autumn Falls Drive(provided handout) Mr. Jim Ashford, 6209 Riverview Circle Mr. John MacFarlane, 3017 Willing Mr. Louis McBee, 2320 Oakland Boulevard, #5 Mr. Stephen Lindsey, representing Quicksilver Resources, 801 Cherry Street, appeared before Council in opposition to Mayor and Council Communication No. G-17569. Ms. Mary Kelleher, 7901 Randol Mill Road, completed a speaker card in support of Mayor and Council Communication No. G-17569, but did not wish to address the Council. The following individuals completed speaker cards in support of Mayor and Council Communication No. G-17569 and were recognized by Mayor Price, but were not present in the Council Chamber. Ms. Serena Keeler, 1329 South Henderson Street Mr. James Russell, 809 Raintree Road State Representative Lon Burnam, 1067 West Magnolia, submitted an "undecided" comment relative to Mayor and Council Communication No. G-17569. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 12 of 15 The following individuals submitted comment cards in support of Mayor and Council Communication No. G-17569. Ms. Judy Williams, 9815 Shady Lane Mr. Walter Williams, 6156 Whitman Mr. Michael Appleman, 2600 Block of Highview Terrace Ms. Sally McCoy, 3528 Suffolk Drive Mr. Norman Hill, 8700 Granite Court Ms. Linda Hanratty, 4236 Oak Park Court Ms. Angie Hudson, 6436 Curzon Avenue Mr. Dan Meeker, 4770 Bryant Irvin Road, Suite 400 Mr. David Meeker, 5804 Indianwood Lane Ms. Lenora Collins-Pope, 6809 Briarwood Drive Mr. John Adam, 6921 Windwood Trail Mr. Gary Hogan, 2117 Rolling Creek Run Ms. Margaret Daniel Meeker, 4900 Westridge Avenue, #13 Mr. Michael Wilson, 208 Crestwood Drive, submitted a comment card in opposition to Mayor and Council Communication No. G-17569. c. Council Action Council Member Espino advised that he would support this item because it was clear that the public did not want salt water disposal wells within the City limits. He stated that the reason he had suggested a pilot project in the Alliance area of north Fort Worth was because there were many City neighborhoods that back up to areas of unincorporated Denton, Tarrant and Wise counties and salt water disposal wells could still be placed in those areas. He further stated that he believed that there was support for said pilot project but he had been advised by the City Attorney that there was no legal way of directing the salt water disposal wells to a certain area. He encouraged City staff and the Legislative Committees to work together with the County and State legislature to address issues in the extraterritorial jurisdictions. There was no further discussion and Mayor Price called for the vote. The motion carried unanimously 8 ayes to 0 nays, with Council Member Moss absent. (See page 11 for the motion.) C. Purchase of Equipment, Materials, and Services - None CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 13 of 15 D. Land 1. M&C L-15349 - Conduct a Public Hearing and Authorize Subsurface Drilling and Extraction of Natural Gas Under Martin Luther King Community Center from an Off-Site Location. (COUNCIL DISTRICT 5) (PUBLIC HEARING) The recommendation was that the City Council conduct a public hearing pursuant to the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternatives exist for the subsurface use of Martin Luther King Community Center located at 5565 Truman Drive, south of Alexander Drive, west of Martin Luther King Park and north of Truman Drive, as proposed; find that the proposed use includes all reasonable planning to minimize harm to the property and that the proposed use will have no impact to the surface of property; and close the public hearing and authorize approval of the use of the subsurface of property for the drilling and the extraction of natural gas under the property. a. Report of City Staff Mr. Richard Zavala, Director, Parks and Community Services Department, appeared before Council and provided a staff report. b. Citizen Presentations Mr. Bert Williams, 1700 Ellington Drive, completed an "undecided speaker card', but appeared before Council in support of Mayor and Council Communication No. L-15349. The following individuals completed "undecided" speaker cards relative to Mayor and Council Communication No. L-15349, but did not wish to address the Council. Mr. Clifford Davis, 2101 Flemming Drive Ms. Jane Mergerson, 1829 Lucas Drive Mr. Michael Appleman, 2600 block of Highview Terrace, submitted a comment card in opposition to Mayor and Council Communication No. L-15349. Council Member Hicks stated the City had a policy that prohibited companies from drilling on park property. She also stated the MLK Center would not be closed. She also apologized for the miscommunication and for the signage not being placed in a location where citizens could easily view the information. She pointed out that the revenue received from the subsurface drilling in the park would be retained for use in the park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 14 of 15 c. Council Action Motion: Council Member Scarth made a motion, seconded by Mayor Pro tern Zimmerman, that the public hearing be closed and that Mayor and Council Communication No. L-15349 be approved. The motion carried unanimously 8 ayes to 0 nays, with Council Member Moss absent. E. Planning& Zoning-None F. Award of Contract 1. M&C C-25556 - Authorize Execution of a Contract with Stabile & Winn, Inc., in the Amount of $1,991,678.46 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Portions of Cleckler Avenue, Dogwood Lane and Lambeth Lane, Utilizing $1,118,986.00 from the Street Improvements 2008 Fund and $1,136,275.00 from the Water and Sewer Capital Projects Funds to Provide for Construction Contract Costs, Contingencies and Construction Services for a Project Total Amount of $2,255,261.01) and Adopt Appropriation Ordinances. (COUNCIL DISTRICT 4) The recommendation was that the City Council authorize the transfer of$1,136,275.00 from the Water and Sewer Fund in the amounts of $482,585.00 to the Water Capital Projects Fund and $653,690.00 to the Sewer Capital Projects Fund; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Water Capital Projects Fund, from available funds, for the purpose of pavement reconstruction, water and sanitary sewer main replacement for Cleckler Avenue, from East Belknap Street to Clary Avenue; Dogwood Lane, from Buttonwood Drive to Whitewood Drive; Lambeth Lane, from East Loop 820 to Forest Avenue; adopt an Appropriation Ordinance increasing the estimated receipts and appropriations in the Sewer Capital Project Fund, from available funds, for the purpose of pavement reconstruction, water and sanitary sewer main replacement for the same locations listed above; and authorize the execution of a contract with Stabile & Winn, Inc., in the amount of$1,991,678.46 for pavement reconstruction, water and sanitary sewer main replacement for the streets listed above. Motion: Council Member Scarth made a motion, seconded by Council Member Hicks that, Mayor and Council Communication No. C-25556 be approved and Appropriation Ordinance Nos. 20167-04-2012 and 20168-04-2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Council Member Moss absent. 2. NI&C C-25557 - Authorize Execution of a Discretionary Service Agreement and Payment to Oncor Electric Delivery Company, LLC, in the Amount of $144,149.21 for the Relocation of an Existing Overhead Tower Structure for the Construction of Dirks Road from Chisholm Trail Parkway to Granbury Road. (COUNCIL DISTRICT 6) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 10, 2012 Page 15 of 15 The recommendation was that the City Council authorize the execution of a Discretionary Service Agreement and payment to Oncor Electric Delivery Company, LLC, in the amount of $144,149.21 for the relocation of an existing overhead tower structure for the construction of Dirks Road from Chisholm Trail Parkway to Granbury Road. Council Member Scarth advised 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 Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C-25557 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Council Member Moss absent. XIV. CITIZEN PRESENTATIONS Ms. Patricia Lynn, 1015 Highpoint Road, Arlington, Texas, 76015, appeared before Council relative to the "No Kill Equation" and encouraged the Council to institute a 72 hour rule for animals to be adopted before being euthanized. (Displayed photograph) Mr. Ron Sturgeon, 870 Blue Mound Road West, submitted a citizen presentation card relative to environmental noise pollution and was recognized by Mayor Price, but was not present in the Council Chamber. XV. EXECUTIVE SESSION (PRE-COUNCIL CHAMBER) XVI. ADJOURNMENT There being no further business, Mayor Price adjourned the regular meeting at 8:05 p.m. These minutes approved by the Fort Worth City Council on the 17`x'day of April, 2012. Attest: Appr• 7 , . )c- .-------) //(.1 , / (ri., .-2 Mary J r % :etsy Pric- City Secretary Ma •