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HomeMy WebLinkAbout2009/02/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Staff Members Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary I.CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:01 p.m. on Tuesday, February 10, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Jordan temporarily absent. IL INVOCATION- Pastor Damon Blakeley, Greater St. James AME Church The invocation was provided by Pastor Damon Blakeley, Greater St. James AME Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF FEBRUARY 3 2009 Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burns, that the minutes of the regular meeting of February 3, 2009, be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. V. SPECIAL PRESENTATIONS INTRODUCTIONS ETC Council Member Burns acknowledged Cub Scout Troop 180 from the Longhorn Council who attended the meeting. Their Troop Leader introduced each of the Cub Scouts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 2 of 15 VI.ANNOUNCEMENTS AND STAFF Council Member Burdette announced on January 29, 2009, the Director of National Park Services in Washington reported that Fort Worth Botanical Gardens was listed on the National Register of Historical Places. Council Member Burns announced that there would be two (2) meetings about Tower 55 and the rail congestion issues that the City suffers within North Texas. He stated that two (2) meetings would be conducted at the Fort Worth Intermodal Transportation Center (ITC) located at 1001 Jones Street, on Wednesday February 18, 2009, at 12:00 p.m. and at 6:30 p.m., with an open house from 5:30 p.m. until 6:30 p.m. He stated that if any citizens were concerned with the conditions of the railroads in North Texas, particularly Fort Worth, to please attend the meeting. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. PZ-2814 be removed from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication Nos. G-16448 be withdrawn from consideration and replaced with M&C G-16448 (Revised). He requested that M&C G-16470 be continued until the March 10, 2009, Council meeting and advised that two (2) citizens had submitted cards to speak about G-16470 and they would be given the opportunity to address the Council. IX.PRESENTATIONS BY THE CITY COUNCIL Changes in Membership on Boards and Commissions There were no changes in membership on Boards and Commissions. X.PRESENTATIONS AND/OR 'A S FROM BOARDS, COMMISSIONS AND/OR COMMITTEES There were no presentations and/or communications from Boards, Commissions and/or City Council Committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 3 of 15 XI. CONSENT AGENDA Motion: Council Member Burdette made a motion, seconded by Council Member Burns, that the Consent Agenda be approved as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. A.General - Consent Items 1.M&C G-16456 - Authorizing the City Manager to Execute a Standard Encroachment Agreement with XTO Energy for the Installation of Underground Fiber Optic Cables Beneath the Calhoun Street and 7th Street Rights-of Way to Service its Building at 800 Calhoun Street. 2.M&C G-16457 - Authorizing the Temporary Closure of Burger Street Between Cottey Street and Turner Street from February 11, 2009, to May 9, 2009, to Facilitate Construction for Paving and Utility Improvements. 3.M&C G-16458 - Authorizing the Temporary Closure of Decatur Avenue Between Altamont Drive and Elaine Place from February 11, 2009, to May 11, 2009, to Facilitate Construction for Paving and Drainage Improvements. 4.M&C G-16459 - Authorizing the City Manager to Submit to the Crime Control and Prevention District Board an Amendment to the Fiscal Year 2009 Crime Control and Prevention District Budget to Appropriate $34,879.00 to Fund a School Resource Officer for Eagle Mountain-Saginaw Independent School District. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-10924 - Authorizing a Purchase Agreement with Goodwill Industries through Texas Industries for the Blind and Handicapped for Temporary Employment Services for an Annual Amount up to $87,000.00. C.Land - Consent Items 1.M&C L-14715 - Authorizing the Transfer of$53,000.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Adopting Appropriation Ordinance No. 18471-02- 2009 Increasing Estimated Receipts and Appropriations in the Sewer Capital Projects Fund in the Amount of$53,000.00, for the Purpose of Authorizing the Acquisition of Two (2) Permanent Sewer Facility Easements and Water — Reclamation Main Easements from James D. and Suzanne S. Gaberino, LTD at 8401 Lowery Road Located in East Fort Worth, for the Construction of Sewer and Water-Reclamation (Re-Use) Improvements; Finding that the Price Offered in the Amount of $20,295.00 Plus an Estimated Closing Cost of $2,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 4 of 15 (XI. Consent Agenda Continued) 2.M&C L-14716 - Authorizing the Acquisition of One (1) Permanent Drainage Facility Easement from Billy J. and Connie McCarty at 8941 Waterchase Circle Located in East Fort Worth for the Construction of Drainage Infrastructure Improvements; Finding that the Price Offered in the Amount of $9,000.00, Plus an Estimated Closing Cost of $1,000.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. XIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1.00S - 1707 - Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. XIIL REPORT OF THE CITY MANAGER D.Planning & Zoning—(Removed from Consent Agenda for Individual Consideration) 1.M&C PZ-2814 - Authorize the City Manager to Adopt Ordinance No. 18472-02-2009 Vacatin and xti is i a Portion of Intermodal Parkway, within Lot 1, Block , Allis cc L,oistics Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, Atmroximately 120 Feet Wide by 532.94 Feet Long and Containing Approximately 66,523 Sguare Feet or 1.527 Acres of Land; Providing r Revers on of Fee in said ; Providing t at the Citv Shall et i all Existing_Utility ase a ts; and aive Any and All Purchase Fee Value of the Vacated Land in Accordance with City Policy (M&C G-15624). Mayor Moncrief recognized Mr. Thad Brundrett, 777 Main Street, who was in support of the roadway vacation, but did not wish to speak. Motion: Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2814 be approved and Ordinance No. 18472-02- 2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. B.General 1.It was the Consensus of the City Council that Majo r and ci Communication 16448, Adopt Ordinance Amending the Membership of the Construction and Fire Prevention Board ApDeals as Recommended by t e 2008 Sunset Review, be Wit drawn from Consideration and e ace d with the Next A2enda Item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 5 of 15 2. M&C G-16448 - C Revisei d Ado t an Ordinance Amending he Fort Worth Buildi p Code, by Pr2jLdinj for a Change in the Membership of the Construction and Fire Prevention Board of Appeals bj e ci its Membership from Eleven 11 3 _L_j Members and Three L_j Alternate Members to embers and Two 2} At-Large Alternate Members Effective February 28, 2009, as Recommended by the 2008 Sunset Review. Membership as Follows: Place Name Board Position Term of Expiration I Mr. Carl Harkins Architect October 1, 2009 2 Mr. Allyn Hector Engineer October 1, 2010 3 Mr. Tom Lewis Fire Protection October 1, 2009 4 Ms. Sheila Bessent Building Owner/Manager October 1, 2010 5 Mr. David Ritz General Contractor October 1, 2009 6 Mr. Gary Jones Master Electrician October 1, 2010 7 Mr. Mike Callan Master Plumber October 1, 2009 8 Mr. William Carson HVAC Contractor October 1, 2010 9 Mr. Bob Madej a Home Builder October 1, 2009 10 Vacant Alternate Engineer October 1, 2010 11 Mr. Joel Weland Alternate Architect October 1, 2009 Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16448 (Revised) be approved and Ordinance No. 18473-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 3.MSC G-16460 - Adopt an Ordinance Amending the Code of Ordinances of the City of Fort Worth b A� endin "Gas Well Fees" of Article III of Chapter 15, "Gas", Entitled, " as 1� Drilling and Production Fees" to Increase the Fees for New Gas Well Permits and the Annual Fees Per Well and Renumber the Section. City Manager Fisseler clarified that no correction was needed on the M&C as discussed in Pre- Council. He stated that the fees for compressor facilities as reflected on the M&C were accurate. Motion: Council Member Burdette made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16460 be approved and Ordinance No. 18474 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 6 of 15 4. m A r ve t e A is ti r ti e r arty wners for Verification Historic Site Tax Exenantion for 1612 Fairmount Avenue, 2529 College Avenue, 1316 Alston Avenue, 1320 Alston Avenue, 17 2 South A a s Street Ave e 2325 es Magnolia Ave e, 110 Elizabeth Boulevard, 408 North a Street, 1400 Washington Avenue, 1700 Fairmount Avenue,1819 6th Avenue 3 East Morningside Drive, 2 Alta Drive, 1816 6th Avenue, 22 01 Edwin Street, 2112_College Avenue, 1421 South A a s Street, 2 33 Rodgers Avenue and 2117 Northwest 24th Street. Mayor Pro tem Hicks expressed appreciation to staff for their work and that she was glad to see the citizens using the historic site tax exemptions. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16461 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 5.MSC G-16462 - Approve a Seven (7) Monti► Extension of Injury Leave-of Absence Pay Benefits i the Amount of $45 25.60 for Police Officer Debra Hatten Beginning y 2 , 2008, through March 2, 2009. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16462 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 6.MSC G-16463 - Ap rove an 18-Month Extension of Injury Leave-of Absence Pay Benefits in the Amount of $93,9 3 8.40 for Police Officer Lisa Ramsev Beginning January 6,2008.,through July 9, 2009. Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-16463 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 7.MSC G-16464 - Approve a Seven (7) Monti► Extension of Injury Leave-of Absence Pay Benefits i the Amount of $40,3 4.18 for Police Officer Richard Radwan Retroactive from May 24, 2008, through December 14, 2008. Motion: Council Member Scarth made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16464 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 7 of 15 8.M&C G-16465 - Approve a Six (6) Month xtension of lgiHr y Leave-of-Absence Pay Be its in the Amount of $46,069.28 for Police Officer Shawn Hearn Beginning July 11, 2008, through January 24, 2009. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16465 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 9.MSC G-16466 - Authorize the City Manager to Accept a Monetary Donation in the Amount of $20,000.00 from CVS Pharmacy c.; a Adopt an Appropriation Ordinance Increasing Estimated Receipts and Appropri tions in the Special Tr st Fund in the Amount of $20,000 00 from Available Funds for the Purt)ose of Funding Ot)eration Trojan Horse, a Program Intended acts Involved in Organized Retail Theft. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-16466 be approved with appreciation and Appropriation Ordinance No. 18475-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 10.MSC G-16467 - Conduct a Public Hearing_2fl_the December 29, 20082 Draft of the 2009 Comt)rehensive Plan, as,.,Rec mme d bv the City Plan Commission to Allow the Public the Opportunity to Give Testimony and Present Written Evidence; and Adjourn the Public Hearing. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Becky Pils, Senior Planner, Planning and Development Department, appeared before Council and provided a staff report. She advised the Council that formal action on the Comprehensive Plan would not be taken until the February 24, 2009, Council meeting. b.Citizen Presentations There were no citizen presentations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 8 of 15 (G-16467 Continued) c.Council Action Mayor Pro tem Hicks stated that she was interested in hearing about the changes that were being discussed in regards to East Rosedale Street with concerns with Industrial zoned use against Single- Family zoned use on the Freeway. She stated that she wanted to make sure that the future use was in keeping with what was trying to be promoted along East Rosedale Street. She added that she was also concerned with East Berry Street and that she had several meetings with the developers and other interested citizens on that street. She requested that City staff provide more information on these issues. Council Member Scarth requested that staff provide him with the information concerning the changes and land uses at the intersection of Trinity Boulevard and East Loop 820. He stated that area was increasingly changing from Industrial to Residential and that he had met with the property owner and the residents who were interested in changing the designated land use from Industrial to Residential. Motion: Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 11.MSC G-16468 - Consider a Request from the Owner of Property at 4621 East Lancaster Avenue for a Variance from Section t ode Prohibiting the Sae of Alcoholic Beverages for Wine and Beer for Off-Premise Consumution at the Save-A-Lot Food Store within 300-Feet of Horizon's Alternative Sc cated at 4713 East Lancaster Avenue (PUB IC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Ms. Dana Burghdoff, Assistant Director, Planning and Development Department, appeared before Council and provided a staff report. She stated that staff had notified property owners within 300 feet of the site to provide them with adequate notification of the public hearing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 9 of 15 (G-16468 Continued) b.Citizen Presentations Mr. Don Flemming, 1201 John Burgess Drive, representing Save-A-Lot, appeared before Council in support of the variance. He advised of meeting with the Fort Worth Independent School District regarding this request. He stated that the store was not a convenient store, but a large grocery chain. He stated that in the two (2) years that the stores had been in the Dallas/Fort Worth market, they had not received any citations from the state or any complaints. He added that the benefits were that they planned to continue to reinvest into the City of Fort Worth, employ more people and that they would go beyond what the state required for the employees to be certified to sell beer and wine. He added that Super Plaza, another grocery store next door, currently sold beer and wine and that if the variance was denied, it would be a competitive disadvantage for Save-A-Lot. Mayor Pro tem Hicks stated that she appreciated the applicant's comments and the reinvestment into the community. She pointed out that she had no contact with the applicant, but she had heard from the residents in the area concerned with another establishment selling alcohol along the East Lancaster Corridor. She also stated that she wanted to remind the Council that there were already over 90 establishments that sold alcohol in the area. She added that contrary to what the applicant had said, Fort Worth Independent School District was concerned about the prevalence of alcohol near their facilities. She added that there was a proliferation of alcohol in southeast Fort Worth and that she could not support alcohol being sold within 266 feet within a school, but she did welcome new businesses and grocery stores in the area. c.Council Action Motion: Mayor Pro tem Hicks made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. G-16468 be denied with prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 12.MSC G-16469 - Consider a Waiver for a Hill►-Imuact Gas Well Permit and Issuance of a Gas Well Pad Site Pe r it a est y esa e e erati c., t o Allow the Drilling of t o Henderson Bazaar 2H Gas Well on Pad-A of the Henderson Bazaar Lease Located at 1092 North Henderson Street (PU LIC HEA }. 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 FEBRUARY 10, 2009 PAGE 10 of 15 (G-16469 Continued) a.Report of City Staff Mr. Rick Trice, Manager Consultant Services, Planning and Development Department, appeared before Council and provided a staff report. b.Citizen Presentations Mr. Kevin Strawser, representing Chesapeake Operating, Inc., 100 Energy Way, appeared before Council and gave a brief overview of the pad site and suggested solutions to address citizen concerns. Council Member Burns pointed out that in April 2008, he was in the minority that voted against the well site and that it would be arbitrary to vote for that well and vote against these two (2) additional wells. He stated that he wanted the citizens to know that he made a request for staff to provide a report on the Trinity Trails that Gideon Toal was currently working on and that Council would readdress Trinity Trails being a protected class. Mayor Pro tem Hicks stated that she had also voted against this site last year with Council Member Burns, but she supported the request. She also stated having the truck route along Jacksboro Highway was better because it was mostly an industrial area. c.Council Action Motion: Council Member Burns made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-16469 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 13.MSC G-16470 - Consider a Waiver for a High-Imuact Gas Well Permit to Allow the Drilling of the Rivercrest Bluffs III Gas Well on the Rivercrest Bluffs Lease at 4831 White Settlement Road,Located in the Rivercrest Addition,Block 14R1,Lot C (PUBLIC HEARING). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff Mr. Rick Trice, Manager Consultant Services, Planning and Development Department, appeared before Council and provided a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 11 of 15 (G-16470 Continued) b.Citizen Presentations Mayor Moncrief recognized Mr. Paul Bell, 204 Nursery Lane, who was in opposition of the waiver; however, Mr. Bell advised that he would wait until the March 10, 2009, Council meeting to address the Council. Mr. Robert Downey, 220 Nursery Lane, appeared before Council in opposition of the waiver and expressed concerns pertaining to well site locations and that Chesapeake was soliciting waivers for $200 and being apprehensive on explaining what the waivers were for. He stated that three (3) of the residents had said that a Chesapeake representative had pressured them to sign the waivers by telling them they could sign and receive $3,000.00 at that point or not sign and receive nothing, but the gas well would still go up. Council Member Burdette stated that the issue was that there were about 17 or 18 residences that were within the 600 foot circle of the gas well which was the distance that was set in the ordinance that required a waiver by those affected or by the Council. He further stated that out of the 17 or 18 residents, four (4) still had not signed a waiver. He added that the applicant had asked for this issue to be postponed until the March 10, 2009, Council meeting to try and get the last four(4)residents to sign waivers. c.Council Action Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16469 be continued until the March 10, 2009, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. F.Award of Contract 1.M&C C-23332 - Adopt a Supplemental Appropria ti r i a ce Increasing Estim ate Receipts and Appropriations in the General Fund in the Amount of$100,000.00 and Decreasing e Unreserved, Undesignated a s ce bX the Same Amount, r the Purpos e of Authorizing a Profes Sl a Services Contract with HillCo Partners, LLC, for Consultin Services Relative to State Legislative Issues; and Authorize the City Manager to Execute the Contract for a Total Amount Not to Exceed $193,000.00, for Consulting Services Relative to State Legislative Issues for an Initial Term of 12-Months from January 1, 2009, to _ December 3L_1229,jwith a One-Year Option t o Renew Under the Same Terms and ltl s), Plus Additional Services Relative to State Le is atiye Services rl t e ltl 2- t er Involving the Creation of a Transportation District as Progosed by the Regional Transportation Council and rte by the Cit y c rs a es . 3 77- -2 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 12 of 15 (C-23332 Continued) Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-23332 be approved and Appropriation Ordinance No. 18476-02-2009 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 2.MSC C-23333 - Authorize the City Manager to Execute a Public Right-of Way Use Agreement with Barnett Gathering, L.P., t Install and Operate a Natural Gas Gathe Pipeline A ross the Following Three (3) Locations: Puerto Vista Drive West of Mistv Breeze Drive; Navigation rive, of Baile3: Boswell Road Road Wes West of Centerboard Lane for a One Time License Fee of$9 Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23333 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 3.MSC C-23334 - Authorize the City Manager to Execute a Public Right-of Way Use Agreement with Barnett Gathering, L.P., t Install and Operate a Natural Gas Gathe Pipeline A ross Crabtree Street, South of High Crest Avenue, for a ne Time License Fee of Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23334 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 4.MSC C-23335 - Authorize thL City Manager to Execute a Public Right-of-Way Use Amement Granting Barnett GatheringL.P. a License to Install and Operate a Natural Gas Gathering Pipeline Across a eri a , est of Roberts Cut Off Road for a One Time License Fee of$5,658. 0. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23335 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 5.MSC C-23336 - Authorize thL City Manager to Execute a Public Right-of-Way Use Amement with Texas Midstream Gas Services LLC Son It of to Cross Samuels Avenue, Northeast 23rd Street, rt ain and Grand Avenue,, South of 11th Street; Allej Betw en North Commerce Street and Main Street South of Northeast 11th Street; North Commerce, South of Northeast 11th Street; N rtheast 11th Street, Ea t of North Commerce-North Calhoun Street, South of Northside Drive; Northside Drive, East of Jones Street; Alley Between North CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 13 of 15 Calhoun Street and Jones Street, as of Northside Drive; Alley Betw en Grove Street and Jones Street, Son It of Central Street, r a One Time License Fee of$34,086. 0. (C-23336 Continued) Council Member Espino stated that he had received two (2) letters in support of the agreement from Stockyards Station and Hickman Companies. Motion: Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-23336 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 6.MSC C-23337 - Authorize the City Manager to Execute a Public Right-of Way Use Agreement with Barnett Gathering, L.P., t Install and Operate a Natural Gas eri Pipeline Across Quebec Street, No th of Cahoba and Meandering Road, South f Roberts Cut Off Road, for a One Time License Fee of$3,72 .00. Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23337 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 7.MSC C-23338 - Authorize the City Manager to Execute a Public Right-of Way Use Amement with Barnett Gathering, L.P., t Install and Operate a Natural Gas Gatherin Pipeline A ross a es t of Cooks Lane for a One Time License Fee of$3,128.00. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23338 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. 8.MSC C-23339 - Authorize the City Manager to Execute a Public Right-of Way Use Amement with Texas Midstream Gas Services, LLC to Grant a License to Use Certain Public BjghL2L Way_2f the City of Fort Worth for the Purpose of Constructing, Maintaining and Ot)eratin2 Two (2) Natural Gas Gatherin2 Pir)elines Across Trinitv Boulevard, N rth of Grand River Street for a One Time License Fee of$1 Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23339 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 14 of 15 9.M&C C-23340 - Authorize the City_yanager to Execute a Contract with Durab!LSDecialties, Inc., in the Amount of $124,300.00 for the Installation of New Traffic Signals at the Intersections of Belknap Street and Grove Street and Weatherford Street and Grove Street. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23340 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Jordan absent. XIV. CITIZEN PRESENTATIONS City Secretary Hendrix advised Council that Mr. Joe Don Brandon, P.O. Box 1155, had contacted staff and provided notification that he would not be in attendance for tonight's Council meeting. Ms. Eunice Givens, 5500 Stafford Drive, President of the Highland Hills Neighborhood Association, appeared before Council requesting that gas drilling revenues be used for improvements to the Highland Hills Park and Community Center. Mayor Pro tem Hicks stated that she was present at the Highland Hills Neighborhood Association meeting along with Harold Pitchford, Parks and Community Services Assistant Director. She added that Mr. Pitchford was at the meeting was to discuss how to utilize the funds and to receive feedback from the residents. She stated that through the next capital improvement program (CIP) that major improvements were needed on the Highland Hills Community Center. She also advised that Chesapeake would be present at the Highland Hills Neighborhood Association meeting in March 2009. Ms. Joyce Grant, 5210 Libbey Avenue, appeared before Council relative to burglaries and attempted burglaries on the 5200 block of Libbey Avenue. (Council Member Jordan assumed his place at the dais.) Council Member Burdette stated that he was at the Lake Como Neighborhood Association meeting along with the Police Department and that they were aware of the situation on Libbey Street. Mayor Moncrief requested that the record reflect that Council Member Jordan was at the meeting. Council Member Jordan announced that Senator John Carona, Chairman of the Senate Transportation & Homeland Security Committee, and State Representative Vicki Truitt, Chairman of Texas House of Representatives' Committee on Pensions and Investments, held to two (2) informal hearings on February 10, 2009, and introduced the Texas Local Option Transportation Act. He stated that there would be a press conference on Monday, February 16, 2009, at 9:00 a.m. to announce the results. He added that there were over fifty (50) members of the Senate and House present at the meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 10, 2009 PAGE 15 of 15 XVI.ADJOURNMENT There being no further business, the meeting was adjourned at 7:56 p.m. These minutes approved by the Fort Worth City Council on the 17th day of February, 2009. Attest: Approved: Marty He drix ichael J. M rief City Secretary Mayor