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HomeMy WebLinkAbout2008/08/26-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Joel Burns, District 9 Absent Council Member Carter Burdette, District 7 City Staff Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:05 a.m. on Tuesday, August 26, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Burdette absent. Agenda Item II The invocation was given by Pastor Keith Day, Chapel Creek Fellowship. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Moss, the minutes of the regular meeting of August 19, 2008, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. Agenda Item V There were no special presentations. Special Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 2 of 20 Agenda Item VI Council Member Burns announced that a Community Policing Forum would be Announcements conducted on September 27, 2008, from 7:00 p.m. to 8:00 p.m. at the Fire Station Community Center, 1601 Lipscomb. He added that this would be an opportunity for everyone to meet with the Police Department and establish a better dialog. He stated that anyone desiring further information to please contact his office at (817) 392-8809. Council Member Jordan reminded everyone that school started this week and asked everyone to observe posted speed limits and children in the streets. He announced that on August 28, 2008, the new construction on Summer Creek would begin in the morning and requested everyone observe the traffic signs on the street. He added that the Southwest Coalition recently announced that they had reached an agreement with a gas well leasing contractor and advised that this completed the gas well leasing in his district. He further stated that he would continue to work closely with the neighborhoods to make sure an appropriate job had been done planning the pipelines and well site locations. He further stated that last evening, he had the great opportunity to attend the Fort Worth Cats baseball game and take his two-year old granddaughter. He added that Cats were involved in the playoffs and encouraged everyone to get out and support the team. Mayor Pro tem Hicks expressed appreciation to all the neighborhood leaders and City staff who attended the District 8 Advisory Board Meeting last week and for continuing to be so engaged in the District. She added that this meeting was a precursor to the annual District 8 Town Hall in November. Agenda Item VII City Manager Fisseler requested that Mayor and Council Communication Nos. Withdrawn from C-22984 and C-22990 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Fisseler requested that Mayor and Council Communication No. Continued/ G-16228 be continued until September 23, 2008; that Mayor and Council Withdrawn By Staff Communication Nos. L-14624, C-22992 and C-22999 be continued until September 2, 2008; and Mayor and Council Communication No. C-22984 be withdrawn from consideration. Agenda Item IX Upon a motion made by Council Member Jordan, seconded by Council Consent Agenda Member Espino, the Council voted eight (8) ayes to zero (0) nays, with Council Member Burdette absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 3 of 20 OCS-1681 M&C OCS-1681 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-16248 M&C G-16248 — Adopting Supplemental Appropriation Ordinance No. 18228- Ord. No. 18228-08- 08-2008 increasing appropriations in the Risk Management Fund in the amount 2008 of$32,000.00 and decreasing the unreserved, undesignated fund balance by the Settlement of same amount, for the purpose of funding the settlement of the lawsuit entitled Lawsuit Entitled Muhammad Rafique v. City of Fort Worth, Civil Action No. 4:06-CV-00645- Muhammad Y; and authorizing the payment of$32,000.00 to Muhammad Rafique with the Rafique v. City of ' Fort Worth check made payable to Muhammad Rafique and Michael Linz for the settlement of the lawsuit Muhammad Rafique v. City of Fort Worth, Civil Action No. 4:06-CV-00645-Y. G-16249 M&C G-16249 — Authorizing the City Manager to execute a Professional Professional Services Agreement in an amount not to exceed $84,000.00 with Skire, Inc., to Services Agreement provide general technical and consultation services in support of the City's with Skire, Inc., for efforts to migrate existing capital projects data into the new Capital Projects General Technical Management System, as well as technical assistance with other system and Consultation initiatives. Services G-16250 M&C G-16250 — Authorizing the City Manager to authorize payment from the Payment to North Culture and Tourism Fund for the amount of $72,450.00 for the North Texas Texas Cutting Cutting Champions Club to promote equestrian events at Will Rogers Memorial Champions Club to Complex (WRMC). Promote Equestrian Events at WRMC G-16251 M&C G-16251 — Authorizing the Water Department to provide water and Provide Water and sewer service at 1.25 times the retail rate to Realtex Ventures LP, for Lot 18, Sewer Service Block 1 of Emerald Park Addition, located north of Bonds Ranch and east of Outside Fort Worth Irish Glen in Tarrant County, outside the Fort Worth City limits pursuant to City Limits to City Code Section 35-60B "Uses Outside City"; and authorizing the City Realtex Ventures Manager to execute an agreement for such services. LP G-16252 M&C G-16252 — Authorizing the City Manager to execute a joint-funding Joint-Funding agreement for water resources investigations in the Trinity River with the U.S. Agreement with Geological Survey; and authorizing the payment of the City's share of the cost U.S. Geological in the amount of$34,847.00 for the water quality data collection activities. Survey CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 4 of 20 G-16253 M&C G-16253 — Adopting Appropriation Ordinance No. 18229-08-2008 Ord. No. 18229-08- increasing estimated receipts and appropriations in the Park Gas Lease Project 2008 Fund in the amount of $71,000.00 from Gas Well Royalty Revenues for the Structural Repairs purpose of funding the structural repairs of the Forest Park Towers. for the Forest Park Towers P-10831 M&C P-10831 — Authorizing the purchase of a comparison toolmarks Comparison microscope and accessories from Leeds Instruments, Inc., using a Texas Toolmarks Procurement and Support Services Cooperative Contract for the Police Microscope and Department, Crime Lab, Forensics Division, for a total amount not to exceed Accessories $46,665.50. The shipping cost will be prepaid and added to the invoice with payment due 30 days after receipt of invoice. P-10832 M&C P-10832 — Authorizing the purchase of a SV1 Spartan bomb truck and a SVI Spartan Bomb fan ventilator using a Houston-Galveston Area Council Cooperative Contract Truck and a Fan with Metro Fire Apparatus Specialist, Inc., for the Fire Department for a total Ventilator cost not to exceed $491,884.00 with payment due 30 days from receipt of invoice. P-10833 M&C P-10833 — Authorizing a sole source purchase of a Prisim Pro L1000 Prisim Pro L1000 Judgment Training Simulator from Advanced Interactive Systems, Inc., for the Judgment Training Police Department for a total amount not to exceed $130,368.96, freight Simulator included, with payment due 30 days after receipt of invoice. P-10834 M&C P-10834 — Authorizing the purchase of speed detection radar equipment Speed Detection from Kustom Signals, Inc., through a Houston-Galveston Area Council Radar Equipment Cooperative Contract, for the Police Department for a total amount not to exceed $61,407.50, freight included, with payment due 30 days from date of invoice. L-14628 M&C L-14628 — Authorizing the City Manager to execute a Pipeline Crossing Pipeline Crossing License Agreement with Union Pacific Railroad for installation of a 16-inch License Agreement ductile iron water pipeline crossing near the intersection of Morningside Drive with Union Pacific and South Main Street, with a 25 year term at a one time cost of $8,734.00. Railroad Union Pacific Railroad has accepted the City's Certificate of Self-Insurance. The City will incur the indicated costs associated with this license agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 5 of 20 L-14629 M&C L-14629 — Authorizing the City Manager to execute a Pipeline Crossing Pipeline Crossing License Agreement with Union Pacific Railroad in the amount of$1,770.00 for License Agreement installation of an 8-inch water pipeline crossing of the railroad near the with Union Pacific intersection of Seminary Drive and Hemphill Street. Union Pacific has Railroad accepted the City's Certificate of Self-Insurance. The City will incur the indicated costs associated with this license agreement. L-14630 M&C L-14630 — Authorizing the City Manager to execute a Sanitary Sewer Sanitary Sewer Pipeline Crossing License Agreement with Union Pacific Railroad, with a 25- Pipeline Crossing year term at a one time cost of$5,045.00 for installation of a 24-inch sanitary License Agreement sewer pipeline crossing at the railroad near Spur 280 in Downtown Fort Worth. with Union Pacific Union Pacific Railroad has accepted the City's Certificate of Self-Insurance. Railroad The City will incur the indicated costs associated with this license agreement. L-14631 M&C L-14631 — Authorizing the City Manager to execute a Pipeline Crossing Pipeline Crossing License Agreement with Union Pacific Railroad, with a 25-year term at a one License Agreement time cost of $1,630.00 for installation of a 24-inch sanitary sewer pipeline with Union Pacific crossing of the railroad near Spur 280 in Downtown Fort Worth. Union Pacific Railroad Railroad has accepted the City's Certificate of Self-Insurance. The City will incur the indicated costs associated with this license agreement. C-22985 M&C C-22985 — Authorizing the City Manager to execute an amendment to Ord. No. 18230-08- the contract with Omni Hotels Management Corporation for exclusive food, 2008 beverage and alcoholic beverage services at the Fort Worth Convention Center Amendment to CSC to revise the term to be effective December 1, 2008, and expire No. 35510 November 30, 2018; and adopting Ordinance No. 18230-08-2008 increasing Omni Hotels estimated receipts and appropriations in the Culture and Tourism Fund in the Management amount of $125,000.00 and decreasing unaudited, unreserved, undesignated Corporation fund balance by the same amount for the replacement and repair of current food and beverage equipment at the Fort Worth Convention Center. C-22986 M&C C-22986 — Approving the correction of M&C C-22654 to correct the Correction to M&C name of the contracting entity from All Seasons Services, Inc., to Bacon C-22654 - Bacon Whitney, LLC. Whitney, LLC C-22987 M&C C-22987 — Authorizing the City Manager to execute an amendment to Amendment to CSC City Secretary Contract No. 32526 for $132,986.00 with United Community No. 32526 Centers, Inc., to extend the term of the agreement to continue operation of the United Community Safe Haven Program at the Bethlehem Community Center for FY 2009. Centers, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 6 of 20 C-22988 M&C C-22988 — Authorizing the City Manager to execute a contract Amendment to CSC amendment for $374,782.00 with the Boys and Girls Clubs of Greater Fort No. 28200 Worth to extend the term of the agreement through FY 2009 to continue Boys and Girls operation of the Safe Haven Program at Polytechnic Martin Boys and Girls Clubs of Greater Club and Kirkpatrick Middle School; and authorizing the contract to be Fort Worth extended by up to four addenda, agreeable to both parties, each for a one-year period. C-22989 M&C C-22989 — Authorizing the City Manager to execute Amendment No. 2 Amendment No. 2 to in the amount of $32,460.00 to City Secretary Contract No. 34414, an CSC No. 34414 Engineering Agreement with Carter and Burgess, Inc., for construction Carter and Burgess, management for Sendera Ranch Pump Station and Ground Storage Tank (City Inc. Project No. 00376), located on John Day Road in Sendera Development, Denton County, thereby increasing the contract amount to $353,100.00. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a proposed ordinance providing for the issuance of Certificates of $63,150,000.00 City of Fort Worth, Texas, Combination Tax and Limited Obligation, Series Surplus Revenue Certificates of Obligation, Series 2008; providing for the levy, 2008— assessment and collection of a tax sufficient to pay the interest on said Continued Until Certificates of Obligation and to create a sinking fund for the redemption September 2, 2008 thereof at maturity; pledging certain revenues in support of said certificates; prescribing the form of said Certificates of Obligation; and ordaining other matters relating to the subject. Mayor Moncrief stated that the proposed ordinance for the sale of Certificates of Obligation needed to be continued for one week to the September 2, 2008, Council meeting to allow the ordinance to be considered at the same time a proposed ordinance for general purpose bonds would be presented. Council Member Espino made a motion, seconded by Council Member Silcox, that consideration of the ordinance be continued until the September 2, 2008, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 7 of 20 AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-16228 It appeared that the City Council set today as the date for a public hearing to Consider Waiver for consider a waiver for a High Impact gas well permit and issuance of a gas well High Impact Gas pad site permit request by Chesapeake Operating, Inc., to allow the drilling of Well Pad Site the Fox-1H gas well on Pad-A of the Fox Lease located at 1093 Oak Grove Permit for Fox Road within 600 feet of Carter Park in the Robert Gillaster Survey, Abstract Lease at 1093 Oak No. 619, Tract 2, 1093 Oak Grove Road. Mayor Moncrief opened the public GroveGrove G Road— o Until hearing and asked if there was anyone present desiring to be heard. September 23, 2008 (There was no staff report provided.) There was presented Mayor and Council Communication No. G-16228 from the City Manager recommending that the City Council consider a waiver for a High Impact gas well permit and issuance of a gas well pad site permit request by Chesapeake Operating, Inc., to allow the drilling of the Fox-1H gas well on Pad-A of the Fox Lease located at 1093 Oak Grove Road within 600 feet of Carter Park in the Robert Gillaster Survey, Abstract No. 619, Tract 2, 1093 Oak Grove Road. Mayor Pro tem Hicks stated that she was trying to work with Chesapeake on a different site that would have more of an impact on the park and not the residents who lived in the apartments within 350 feet of this site and advised that Chesapeake had requested a one-month delay of this issue. Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16228 be continued until the September 23, 2008, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Burdette absent and with one (1) abstention by Council Member Jordan. G-16254 There was presented Mayor and Council Communication No. G-16254 from Res. No. 3649-08- the City Manager recommending that the City Council adopt a resolution 2008 reappointing Rosa Navejar, to Place 8 and Mike Bickley to Place 12, residents Reappointment to of the City of Fort Worth, of the Board of Trustees of the City of Fort Worth Board of Trustees of Employee's Retirement Fund for a term beginning on September 1, 2008, and the City of Fort ending on August 31, 2010. Worth Employee's Retirement Fund CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 8 of 20 G-16254 Council Member Jordan made a motion, seconded by Council Member Moss, (Continued) that Mayor and Council Communication No. G-16254 be approved and Resolution No. 3649-08-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. G-16255 There was presented Mayor and Council Communication No. G-16255 from Ord. No. 18231-08- the City Manager recommending that the City Council adopt an ordinance 2008 authorizing issuance of equipment tax notes in the principal amount of Issuance of $25,000,000.00; approving the sale of the notes; providing for the levy, Equipment Tax assessment and collection of a tax sufficient to pay the interest on said notes Notes and to create a sinking fund for the payment of the principal thereof, and ordaining other matters related thereto. Mayor Pro tem Hicks and Council Members Jordan and Burns disclosed that they had normal banking relationships with JP Morgan Chase Bank. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16255 be approved and Ordinance No. 18231-08-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. G-16256 There was presented Mayor and Council Communication No. G-16256 from Settlement of Claim the City Manager recommending that the City Council approve the proposed of Billye Helene settlement of the claims of Billye Helene Kane and Howard F. Kane Plumbing Kane and Howard Company in the condemnation lawsuit of the property at the southwest corner F. Kane Plumbing of Vickery Boulevard and concrete for the Southwest Parkway Project; Company authorize the payment of$477,500.00 to the Kane's, consisting of$345,000.00 previously deposited in the registry of the court and a check made payable for $132,500.00 to Gardner& Aldrich, L.L.P., on behalf of Billye Helene Kane and Howard F. Kane Plumbing Company; and authorize the attorney for the City to approve the Agreed Judgment necessary to complete the settlement. Council Member Burns made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-16256 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 9 of 20 L-14624 It was the consensus of the City Council that Mayor and Council Acquire One Communication No. L-14624, dated August 19, 2008, Authorize the Permanent Water Acquisition of One Permanent Water Main Easement and One Temporary Main Easement and Construction Easement from the Amon G. Carter, Jr., Estate for the Amount of One Temporary $12,500.00, Plus an Estimated Closing Cost of $2,000.00, on the Property Construction Located at the Intersection of Campus Drive and Seminary Drive, Fort Worth, Easement for Tarrant County, Texas, for the Construction of the South Side II Water Construction of South Side II Water Transmission Main; and Authorize Acceptance and Recording of Appropriate Transmission Main Instruments (DOE No. 4083), be continued until the September 2, 2008, Continued Until Council meeting. September 2, 2008 C-22984 It was the consensus of the City Council that Mayor and Council United Community Communication No. C-22984, Approve the Use of$225,000.00 of Community Centers, Inc.— Development Block Grant Year XXXI Unprogrammed Funds to Assist with the Withdrawn from Construction of a New Polytechnic Community Center and Authorize an Consideration Agreement with United Community Centers, Inc., for Use of Funds, be withdrawn from consideration. C-22990 There was presented Mayor and Council Communication No. C-22990 from the Ord. No. 18232-08- City Manager recommending that the City Council authorize the City Manager 2008 to apply for and accept, if awarded, a grant from the Texas Department of Accept Grant from Agriculture (TDA) in an amount up to $100,000.00 for the Year 2009 Child and Texas Department Adult Care Nutrition Program (CACNP) for At Risk After School Programs; of Agriculture authorize the execution of a contract with TDA for the CACNP for At Risk After School Programs for the Fiscal Year October 1, 2008, through September 30, 2009, 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 estimated receipts and appropriations in the Grants Fund in the amount up to $100,000.00 subject to receipt of a grant from the Texas Department of Agriculture for the Year 2009 Child and Adult Care Nutrition Program. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22990 be approved and Appropriation Ordinance No. 18232-08-2008 be adopted as corrected. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 10 of 20 C-22991 There was presented Mayor and Council Communication No. C-22991 from the FW-Eastland City Manager recommending that the City Council find that the statements set Housing Partners, forth in the recitals of the Tax Abatement Agreement with FW-Eastland Ltd. Housing Partners, Ltd., are true and correct; and authorize the City Manager to enter into the Tax Abatement Agreement with FW-Eastland Housing Partners, Ltd., for the property located at 5500 Eastland Street in the Stop Six Neighborhood Empowerment Zone in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives, as amended. City Manager Fisseler clarified that on the map attached to the M&C, there was a shaded area that reflected the area for the tax abatement. He added that there was a creek running through that property and that the area on the south side of the creek where the gas well site was located was not included as part of the tax abatement. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22991 be approved. The motion carried seven (7) ayes to one (1) nay, with Council Member Burdette absent and with Council Member Silcox casting the dissenting vote. (Note: See subsequent reconsideration of this item on Page 14.) C-22992 It was the consensus of the City Council that Mayor and Council Texas Midstream Communication No. C-22992, Authorize the Execution of a Public Right-of- Gas Services, LLC— Way Use Agreement Granting Texas Midstream Gas Services, LLC, a License Continued Until to Use Certain Public Right-of-Way for the Purpose of Constructing, September 2, 2008 Maintaining and Operating a Natural Gas Pipeline Across Northern Cross Boulevard, West of North Riverside Drive; a Second Crossing at North Riverside Drive, South of Northeast Loop 820; a Third Crossing at Altair Boulevard, North of Northern Crossing; a Fourth Crossing at Endicott Avenue, West of Beach Street; and a Fifth Crossing at North Beach Street, South of Northeast Loop 820, be continued until the September 2, 2008, Council meeting. C-22993 There was presented Mayor and Council Communication No. C-22993 from the Renewal of CSC No. City Manager recommending that the City Council authorize the City Manager 35794 to execute the first renewal of City Secretary Contract No. 35794 in the amount Advanced Paving of$289,000.00 with Advanced Paving Acquisition Ltd., d/b/a Advanced Paving Acquisition, Ltd., Company for the construction and replacement of sidewalks citywide. d/b/a Advanced Paving Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 11 of 20 C-22993 Council Member Burns made a motion, seconded by Council Member Espino, (Continued) that Mayor and Council Communication No. C-22993 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22994 There was presented Mayor and Council Communication No. C-22994 from the Amendment No. 1 to City Manager recommending that the City Council authorize the City Manager CSC No. 33120 to execute Amendment No. 1 in the amount of $314,925.00 to City Secretary Freese and Nichols, Contract No. 33120, to an engineering agreement with Freese and Nichols, Inc., Inc. for the Central Arlington Heights Storm Drain Watershed Planning Study for a total contract price of$503,925.00. Council Member Burns made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22994 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22995 There was presented Mayor and Council Communication No. C-22995 from the Amendment No. 2 to City Manager recommending that the City Council authorize the City Manager CSC No. 33121 to execute Amendment No. 2 in the amount of $577,500.00 to City Secretary Halff Associates, Contract No. 33121, with Halff Associates, Inc., for the Henderson Street Inc. Storm Drain Watershed Planning Study, Phase 4, for a total contract price of $1,059,140.00. Council Member Burns made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22995 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22996 There was presented Mayor and Council Communication No. C-22996 from the Ord. No. 18233-08- City Manager recommending that the City Council authorize acceptance of 2008 funds from Riverhills Ranch, LP, in the amount of$54,632.00 for the alternate C. Green Scaping, portion of the irrigation plan; adopt an appropriation ordinance increasing LP and Amendment estimated receipts and appropriations in the SH 121T Southwest Parkway Fund No. 1 to CSC No. in the amount of$54,632.00 from available funds for the purpose of executing a 31709 Edwards Geren contract with C. Green Scaping, LP, for sidewalk, irrigation and street lighting Limited improvements to portions of Arborlawn Drive and Bellaire Drive; authorize the City Manager to execute a contract with C. Green Scaping, LP, in the amount of $444,620.05 for sidewalk, irrigation and street lighting improvements to portions of Arborlawn Drive (Bryant Irvin Road to International Plaza) and Bellaire Drive (Arborlawn Drive to South Bellaire Drive); and authorize Amendment No. 1 to the Infrastructure Development Agreement with Edwards Geren Limited (City Secretary Contract No. 31709) at no cost to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 12 of 20 C-22996 Council Member Silcox made a motion, seconded by Council Member Burns, (Continued) that Mayor and Council Communication No. C-22996 be approved and Appropriation Ordinance No. 18233-08-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22997 There was presented Mayor and Council Communication No. C-22997 from the Ord. No. 18234-08- City Manager recommending that the City Council authorize the City Manager 2008 to transfer $2,987,193.00 from Water Operating Fund to the Wastewater Freese and Nichols, Capital Project Fund; adopt an appropriation ordinance increasing estimated Inc. receipts and appropriations in the Wastewater Capital Project Fund in the amount of$2,987,193.00 from available funds for the purpose of executing an engineering agreement with Freese and Nichols, Inc., to update the Wastewater System Master Plan citywide; and authorize the City Manager to execute an agreement with Freese and Nichols, Inc., in the amount of $2,987,193.00 to update the Wastewater System Master Plan citywide. Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22997 be approved and Appropriation Ordinance No. 18234-08-2008 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22998 There was presented Mayor and Council Communication No. C-22998 from the Alan Plummer City Manager recommending that the City Council authorize the City Manager Associates, Inc. to execute an engineering agreement with Alan Plummer Associates, Inc., for the Village Creek Reclaimed Water Delivery System Design for a total fee not to exceed $1,805,486.00. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22998 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. C-22999 It was the consensus of the City Council that Mayor and Council Fort Worth Communication No. C-22999, Authorize Entering into an Agreement with the Independent School Fort Worth Independent School District for the Operation of the Fort Worth District— After School Program at Como Elementary School for the 2008-2009 School Continued Until Year and Adopt Supplemental Appropriation Ordinance in the Amount of September 2, 2008 $48,970.00, be continued until the September 2, 2008, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 13 of 20 C-23000 There was presented Mayor and Council Communication No. C-23000 from the Vargas Energy, City Manager recommending that the City Council authorize the City Manager Limited to execute a Public Right-of-Way Use Agreement with Vargas Energy, Limited, to grant a license to use certain public rights-of way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Ten Mile Bridge Road located west of its intersection with Boat Club Road. Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23000 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. Agenda Item XV It appeared that the City Council set today as the date for a hearing in Budget Hearing connection with the proposed Fiscal Year 2008-2009 Appropriation Ordinance, Debt Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Joe Komisarz, Acting Assistant Director for Budget Management Services, appeared before Council and provided a staff report on the FY 2008/2009 budget. Delores Owens Ms. Delores G. Owens, 1816 Ransom Terrace, appeared before Council in opposition of the proposed budget as it pertained to reduced library operating hours. She stated that the reduction of hours for the operation of the regional libraries would negatively affect the community as the regional libraries were resources actively used by elderly and retired residents. She requested the Council consider restoring four (4) hours per week to the operation of regional libraries to lessen the impact to the community. Mayor Moncrief advised Ms. Owens that even with the suggested amended schedule of the library hours, services would still be available to the public within the City; however, the services may not be in the same location and may not be the same hours. He added that the Council had a fiscal responsibility to the people of the City. Council Member Espino stated that at the branch library level the City was only reducing hours from 42 hours to 40 hours and that branch libraries would be open from 10:00 a.m. to 6:00 p.m. He added that one night a week the libraries would be open from 12:00 noon to 8:00 p.m. to give working citizens and students an opportunity to go the library. He commended Dr. Gleniece CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 14 of 20 Delores Owens Robinson, Library Department Director, for her efforts to minimize the impact (Continued) of reduced library hours at the branch level. There being no one else present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. Reconsideration of Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, to M&C C-22991— reconsider Mayor and Council Communication No. C-22991. The motion Continued Until carried unanimously eight (8) ayes to zero (0) nays, with Council Member September 2, 2008 Burdette absent. C-22991 There was presented Mayor and Council Communication No. C-22991 from the FW-Eastland City Manager recommending that the City Council find that the statements set Housing Partners, forth in the recitals of the Tax Abatement Agreement with FW-Eastland Ltd.— Housing Partners, Ltd., are true and correct; and authorize the City Manager to Continued Until enter into the Tax Abatement Agreement with FW-Eastland Housing Partners, September 2, 2008 Ltd., for the property located at 5500 Eastland Street in the Stop Six Neighborhood Empowerment Zone in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives, as amended. Council Member Jordan stated that after hearing City Manager Fisseler's clarification of the separation of a piece of property for a gas well from the tax abatement, he questioned whether the City separated the mineral interests from the surface interests. City Attorney Yett stated that it was his understanding that the City did not separate the mineral interests from the surface interests; that it covered the entire real property interests and all taxes. Council Member Jordan requested that Council Member Moss consider a motion to separate the mineral interests from the tax abatement. City Attorney Yett requested a week's delay of this issue to ensure the City would be consistent with policy and with the tax abatement statutes. He added that this was a relatively new issue for the City and he wanted to ensure the City complied with all the laws. Council Member Moss made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22991 be continued until the September 2, 2008, Council meeting. The motion carried eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 15 of 20 AGENDA ITEM XVIA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-08-041 It appeared that the City Council, at its meeting of August 19, 2008, continued Approved the hearing of the application of Ben and Peggy Kates/Destructors Inc., for a change in zoning of property located at 4900 Esco Drive and 4801 Freeman Drive from "J" Medium Industrial to "PD/J" Planned Development for all uses in "J" Medium Industrial, plus concrete crushing and recycling, with site plan included, Zoning Docket No. ZC-08-041. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He provided a brief history on the case and reminded the Council that the zoning case was continued last week to allow the City Manager of Forest Hill an opportunity to present the City of Forest Hill's proposal addressing the maintenance of Anglin Drive to the City Council of Forest Hill. He added that the proposed dollar figure per ton to be paid, approximately $.25 per ton or $85,000.00 per year, was agreeable by the applicant; however, that when the proposal was presented to the City of Forest Hill City Council it was not approved. He added that the zoning change was consistent with the Comprehensive Plan and compatible with the area. David Miller Mr. David Miller, City of Forest Hill City Manager, 6800 Forest Hill Drive, Forest Hill, Texas, appeared before Council in opposition of the zoning change. He stated that the figures provided by Mr. Schell were correct and advised that while the maintenance fee might be sufficient to cover the cost of the maintenance of the road, it did not address other concerns of the City of Forest Hill City Council. He added those concerns were relative to the number of trucks coming down Anglin Drive, the amount of traffic that would be generated, the fugitive dust that may be escaping from the location, noise and the impact to the City parks. He asked that the Council consider the concerns of the City of Forest Hill regarding the safety of their residents and the number of trucks traveling down Anglin Drive and deny the zoning change. Mayor Pro tem Hicks provided history of this case over the past few years and stated that she initially had great concerns with the company being located in the Highland Hills Neighborhood. She added that she and City staff worked with the company to locate an alternate site and felt that the new site was ideal as it was in an industrial area located next to the City's landfill. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 16 of 20 ZC-08-041 Council Member Jordan asked Mr. Schell if his client would continue with the (Continued) agreement with the City of Forest Hill. Mr. Schell stated that his client would probably consider continuing the agreement; however, he was unsure without consulting with them. Mayor Pro tem Hicks advised that in her discussions with the City of Forest Hill, the Company was willing to pay the fee and added that they had been very agreeable in trying to work with the City of Fort Worth. There being no one else present desiring to be heard in connection with the application of Ben and Peggy Kates/Destructors Inc., Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that the Zoning Hearing be closed and that Zoning Docket No. ZC-08-041 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18235-08-2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 17 of 20 Agenda Item XVII Ms. Brooke Cooper, P.O. Box 8663, appeared before Council in opposition to Citizen the gas drilling on Scott Street and Carter Avenue. Presentations Brooke Cooper Mayor Pro tem Hicks stated that she hoped Ms. Cooper had received a detailed e-mail response from Ms. Susan Alanis, Planning and Development Department Director, regarding this issue. She added that the City was continuing to pursue other options for the drilling. Jesse Kemp Mr. Jesse Kemp, 1421 Glasglow Road, appeared before Council relative to the Barnett Shale. He stated that the Barnett Shale was here to stay and asked if the City could provide education on the Barnett Shale. Mayor Moncrief advised that the Barnett Shale Energy Education Council was available and encouraged Mr. Kemp to contact them to obtain additional information. Mayor Pro tem Hicks also advised that additional information on the shale would be forthcoming at the District 8 Town Hall meeting in the Fall. Jim Ashford Mr. Jim Ashford, 6209 Riverview Circle, appeared before Council relative to gas drilling and sound barriers. He provided pictures of various well sites. Derrick Richardson Mr. Derrick Richardson, 3863 South Freeway, representing ACORN (Association of Community Organizations for Reform Now), appeared before Council relative to gas leases and impact studies. He expressed concern with the methods used to obtain leases and the differences in amount of money neighborhoods were offered for their leases. Council Member Moss explained that there were concerns about leasing issues from all neighborhoods and a lack of information in and between neighborhoods. He stated that a lot of the concerns depended on how well the neighborhoods were organized and informed. He added that one of his concerns was that not many District 5 residents attended the gas well meetings and therefore information was not being taken back to the community. He pointed out that it was good that ACORN was coming forward and trying to get information out to residents and advised that there were other issues coming forward in the future relative to pipelines and salt water injection wells that would impact communities and that the City must continue to provide information to communities. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 18 of 20 Derrick Richardson Council Member Scarth stated that he always advised his neighborhoods of (Continued) three things on gas leases: organize people in the neighborhood, be patient and hire a lawyer. He added that the City could not get involved with private business transactions of residents and business. He advised of previous gas well meetings conducted by the City in the past in which information was provided to attendees. Mayor Moncrief requested anyone desiring information on the Barnett Shale Energy Education Council to please contact Assistant City Attorney Sarah Fullenwider. Jerry Ray Mr. Jerry Ray, 3427 Purington Avenue, appeared before Council relative to the methods used by gas companies to coerce and intimidate homeowners for leasing purposes. He added that gathering companies, drillers and mining operations for natural resources were not utilities. He further stated that in his opinion eminent domain and condemning residents' property had no place in the City of Fort Worth. Mayor Pro tem Hicks stated that the City had a joint meeting with state and federal officials and representatives of the Gas Well Task Force and were informed that gas well companies were considered public utilities and therefore had rights. She added that a lot of the operations of gas well companies trumped municipal government control and that the eminent domain issue was not only a state issue, it was also a federal issue. Mayor Moncrief advised that the City was trying to work with the Legislature on this issue and wanted to ensure that the state provided clarification on what rights the City had relative to gas drilling in the City. Annie Gillespie Ms. Annie Gillespie, 728 Griggs Avenue, representing Gregory Volz, a land owner on Carter Avenue, appeared before Council relative to the underground gas pipelines on Carter Avenue. She stated that homeowners should not be continually harassed by gas companies on leasing issues. Jerry Horton Ms. Jerry J. Horton, 2608 Carter Avenue, appeared before Council relative to the issuance of a permit to Chesapeake to drill gas under Beach Street at Carter Avenue. Grayson Harper Mr. Grayson Harper, 3605 Bellaire Drive South, appeared before Council relative to a resolution to impeach the President and Vice President of the United States. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26, 2008 PAGE 19 of 20 Agenda Item XVIII It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:34 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Muhammad Rafique v. City of Fort Worth, Civil Action No. 4:06-CV-645-Y; b) Clyde Dale Evans Parker v. Chief Mendoza, NFN Bruno (Robert E.), G. W. Wilson and K. R. Bock (Bach), Civil Action No. 4:05-CV-759-Y; c) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:02 p.m. Agenda Item XIX There being no further business, the meeting was adjourned at 12:02 p.m. Adjournment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 26,2008 PAGE 20 of 20 These minutes approved by the Fort Worth City Council on the 2nd day of September, 2008. Attest: Approved: r Marty Hendrix Michael Koncr f City Secretary Mayor