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HomeMy WebLinkAbout2012/08/14-Minutes-City CouncilCITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Present: Mayor Pro tem W.B. "Zim" Zimmerman, District 3 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 Dennis Shingleton, District 7 Council Member Kelly Allen Gray, District 8 Council Member Joel Burns, District 9 Absent: Mayor Betsy Price 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 Pro tem Zimmerman called the regular session of the Fort Worth City Council to order at 7:01 p.m., on Tuesday, August 14, 2012, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Price absent. lI. INVOCATION - Reverend Rob Morris - Ridglea Christian Church The invocation was provided by Reverend Rob Morris - Ridglea Christian Church. III. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF AUGUST 7, 2012 Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that the Minutes of the Regular Meeting of August 7, 2012, be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 2 of 24 V. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Higgins requested that Mayor and Council Communication Nos. L -15419 and C -25782 be withdrawn from the Consent Agenda. VI. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Higgins requested that Mayor and Council Communication No. P -11405 be withdrawn from consideration. VII. CONSENT AGENDA Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the Consent Agenda be approved as amended. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. A. General - Consent Items 1. M &C G -17646 - Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Bohemian Limo, to Operate Six Limousines Within the City of Fort Worth and Adopt Ordinance Granting Such Authority. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Consider and adopt the following findings of the Ground Transportation Coordinator: The public necessity and convenience require the operation of six (6) limousines upon the City streets, alleys and thoroughfares; Bohemian Limo, is qualified and financially able to conduct a limousine service within the City; Bohemian Limo, has complied with the requirements of Chapter 34 of the City Code; Bohemian Limo, presented facts in support of compelling demand and necessity for six (6) limousines; the general welfare of the citizens of the City will best be served by the addition of six (6) limousines upon City streets, alleys and thoroughfares; and adopt Ordinance No. 20321 -08 -2012 granting the privilege of operating authority to Bohemian Limo, for the use of the streets, alleys, and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of six (6) limousines for a one (1) year period beginning on the effective date; providing for written acceptance by Bohemian Limo, subject to and conditioned on Bohemian Limo, complying with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended. 2. M &C G-17647 - Adopt Ordinance Increasing the Number of Authorized Positions in the Classification of Police Officer in the Police Department by Thirty and Increasing the Number of Authorized Positions in the Classification of Sergeant by Two, Thereby Increasing the Total Number of Authorized Civil Service Positions by Thirty -Two and Adopt Supplemental Appropriation Ordinance. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 3 of 24 The City Council approved the following recommendation: Adopt Ordinance No. 20322 -08 -2012 adding 30 positions in the Police Officer classification; adding two (2) positions in the Sergeant classification; adjusting the total number of authorized sworn positions in the Police Department by 32; and adopt Supplemental Appropriation Ordinance No. 20323 -08 -2012 increasing the estimated receipts and appropriations in the General Fund in the amount of $43,706.67, and decreasing the unassigned fund balance by the same amount, for the purpose of funding two (2) Sergeant positions. B. Purchase of Equipment, Materials, and Services - Consent Items 1. M &C P -11418 - Authorize Purchase Agreement with UnifiedEdge, Inc., for Phase II Radio Over Internet Protocol Software, Hardware and Related Services Using a Cooperative Contract for the Office of Emergency Management in the Amount Up to $245,685.00 from Grant Funds. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with UnifiedEdge, Inc., for Phase II Radio Over Internet Protocol software, hardware and related services using the Department of Information Resources Contract No. DIR -SDD -936 for the Office of Emergency Management in the amount up to $245,685.00 from Grant Funds. 2. M &C P -11419 - Authorize Purchase Agreement with RePipe Construction, LLC, for Trenchless Pipe Rehabilitation for the Transportation and Public Works Department in an Amount Up to $1,000,000.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize a purchase agreement with RePipe Construction, LLC, for trenchless pipe rehabilitation for the Transportation and Public Works Department in an amount up to $1,000,000.00 for the first year. 3. M &C P -11420 - Authorize Sole Source Purchase Agreement with Xylem Water Solutions USA, Inc., for Flygt Pumps, Parts and Repairs for the Water Department in the Amount Up to $60,000.00. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize sole source purchase agreement with Xylem Water Solutions USA, Inc., for Flygt pumps, parts and repairs for the Water Department in the amount up to $60,000.00 for the first year. 4. M &C P -11421 - Authorize Purchase of Fifteen Full Size Pickup Trucks from Philpott Motors, LTD d/b /a Philpott Ford Using a Cooperative Contract for Multiple City Departments in the Amount of $334,256.05. (ALL COUNCIL DISTRICTS) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 4 of 24 The City Council approved the following recommendation: Authorize the purchase of 15 full size pickup trucks from Philpott Motors, LTD d/b /a Philpott Ford, using the Texas Association of School Boards Cooperative Contract Number 358 -10 for multiple City departments in the amount of $334,256.05. C. Land - Consent Items 1. M &C L -15418 - Authorize Sale of Twenty -Four Tax Foreclosed Properties in Accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Tax Code in the Amount of $62,297.00. (COUNCIL DISTRICTS 2, 5, 7, 8 and 9) The City Council approved the following recommendation: Authorize the sale of 24 tax foreclosed properties in accordance with Section 272.001 of the Texas Local Government Code and Section 34.05 of the Texas Tax Code in the amount of $62,297.00; and authorize the execution and recording of the appropriate instruments conveying the properties to complete the sale. 3. M &C_L -15420 - Authorize Acquisition of a Fee Simple Interest in 0.0717 Acres of Land in a Vacant Lot for the East Como Channel Improvements Project Located at 5128 Helmick Avenue from Old Fort Worth Redevelopment, Ltd., in the Amount of $4,688.00 and Pay the Estimated Closing Costs Up to $2,000.00 for a Total Cost in the Amount of $6,688.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.0717 acre of land in a vacant lot located at 5128 Helmick Avenue, Fort Worth, Texas, described as Lot 25, Block 123, Chamberlain Arlington Heights, 2nd Addition, from Old Fort Worth Redevelopment, Ltd.; find that the total purchase price in the amount of $4,688.00 is just compensation; and authorize the acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $2,000.00. 4. M &C L -15421 - Authorize Acquisition of a Fee Simple Interest in 0.044 Acres of Land for Right -of -Way for the Randol Mill Drainage Culvert Improvements Project Located in the 7400 Block of Randol Mill Road with an Address of 108 Sandy Lane, from The Rennell Trust for $2,250.00, and Pay Estimated Closing Costs Up to $1,500.00 for a Total in the Amount of $3,750.00. (COUNCIL DISTRICT 4) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.044 acre of land for right -of -way for the Randol Mill Drainage Culvert CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 5 of 24 Improvements Project located in the 7400 Block of Randol Mill Road with an address of 108 Sandy Lane, described as Abstract No. 1048, William Masters Survey, from The Rennell Trust; find that the total purchase price of $2,250.00 is just compensation; and authorize the City Manager or his designee to accept the conveyance, record the appropriate instruments and to pay the estimated closing costs up to $1,500.00. 5. M &C L -15422 - Authorize Acquisition of a Fee Simple Interest in 0.129 Acres of Land for Right -of -Way and an Easement Interest in 1.424 Acres of Land for a Temporary Construction Easement Located Southwest of the Litsey Road and Byron Nelson Boulevard Intersection for the Widening of Litsey Road from The Byron Nelson Estate in the Amount of $11,961.06 and Pay Estimated Closing Costs in the Amount of $2,000.00. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the acquisition of a fee simple interest in 0.129 acre of land for right -of -way and an easement interest in 1.424 acres of land for a temporary construction easement for the widening of Litsey Road from Cleveland Gibbs Road to Independence Parkway located southwest of the Litsey Road and Byron Nelson Boulvard intersection, described as Abstract No. 943, Tract 17, M.E.P.P.R.R. Co. Survey, from The Byron Nelson Estate in the amount of $11,961.06 and pay estimated closing costs in the amount of $2,000.00; and authorize the City Manager or his designee to accept the conveyances, record the appropriate instruments, pay the purchase price in the amount of $11,961.06 and the estimated closing costs in the amount up to $2,000.00. 6. M &C L -15423 - Authorize Acquisition of a Fee Simple Interest in 1.865 Acres of Land for Right -of -Way and an Easement Interest in 0.772 Acres for a Temporary Construction Easement for the Summer Creek Drive Improvements Project Located at the Corner of Summer Creek Drive and West Risinger Road from FW 50 Partners, Ltd., Grant Transportation Impact Fee Credit to the Developer in the Amount Not to Exceed $80,000.00 and Pav Estimated Closing Costs Up to $3,000.00. (COUNCIL DISTRICT 6) The City Council approved the following recommendation: Authorize acquisition of a fee simple interest in 1.865 acres of land for right -of -way and an easement interest in 0.772 acre for a temporary construction easement for the Summer Creek Drive Improvements Project located at the corner of Summer Creek Drive and West Risinger Road, described as Abstract No. 4, Juan Jose Albirado Survey, from FW 50 Partners, Ltd., and grant transportation impact fee credit to the developer in the amount not to exceed $80,000.00; and authorize the City Manager or his designee to accept the conveyance, record the appropriate instruments and pay the estimated closing costs up to $3,000.00. D. Planning & Zoning - Consent Items - None CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 6 of 24 E. Award of Contract - Consent Items 1. M &C C -25780 - Authorize Execution of Change Order No. 2 to City Secretary Contract No. 42657 with Vendigm Construction, LLC, in the Amount of $58,232.50 for Bridge Repair and Rehabilitation at Seven Locations for a Total Revised Contract in the Amount of $368,162.50. (COUNCIL DISTRICTS 7, 8 and 9) The City Council approved the following recommendation: Authorize the execution of Change Order No. 2 to City Secretary Contract No. 42657 with Vendigm Construction, LLC, in the amount of $58,232.50 revising the total contract in the amount of $368,162.50. 2. M &C C -25781 - Authorize Execution of Change Order No. 1 to Citv Secretar Contract No. 40828 Peachtree Construction, Ltd., in the Amount of $499,561.82 for Hot Mix Asphaltic Concrete Surface Overlay 2010 -3 at Multiple Locations, Thereby Increasing the Total Contract Amount to $2,615,433.82 and Adopt Appropriation Ordinances. (COUNCIL DISTRICTS 7 and 8) The City Council approved the following recommendation: Authorize the transfer of $445,991.37 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $237,437.54 and the Sewer Capital Project Fund in the amount of $208,553.83; adopt Appropriation Ordinance No. 20324 -08 -2012 increasing the estimated receipts and appropriations in the Water Capital Projects Fund from available funds, for the purpose of hot mix asphaltic concrete surface overlay 2010 -3 at multiple locations; adopt Appropriation Ordinance No. 20325 -08 -2012 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund, from available funds, for the same purpose reflected above; and authorize the execution of Change Order No. 1 to City Secretary Contract No. 40828 with Peachtree Construction, Ltd., in the amount of $499,561.82, thereby increasing the total contract in the amount of $2,615,433.82. 4. M &C C -25783 - Authorize Execution of Amendment No. 1 to Citv Secretar Contract No. 38798 an Engineering Services Agreement with Brown and Gay Engineers, Inc., in the Amount of $99,068.00 for the Design of Robertson Road from Boat Club Road to West of Lake Country Drive, Thereby Increasing the Total Contract Amount from $384,468.00 to $483,536.00. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of Amendment No. 1 to City Secretary Contract No. 38798 and engineering services agreement with Brown and Gay Engineers, Inc., in the amount of $99,068.00 for the design of Robertson Road from Boat Club Road to West of Lake Country Drive, thereby increasing the total contract cost in the amount of $483,536.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 7 of 24 5. M &C C -25784 - Authorize Execution of Change Order No. 3 to City Secretary Contract No. 43127 with Standard Parking Corporation d/b /a SP Plus in the Amount of $143,608.00 for Landscaping, Paving, and Pedestrian Enhancements to Serve the Gendy Street Phase II Proiect at Will Rogers Memorial Center, Increasing the Total Contract Amount to $1,993,211.59. (COUNCIL DISTRICT 7) The City Council approved the following recommendation: Authorize the execution of Change Order No. 3 to City Secretary Contract No. 43127 with Standard Parking Corporation d/b /a SP Plus in the amount of $143,608.00 for landscaping, paving, and pedestrian enhancements to serve the Gendy Street Phase I1 Project at Will Rogers Memorial Center, increasing the total contract amount to $1,993,211.59. 6. M &C C -25785 - Authorize Correction of Mayor and Council Communication C- 25352 to Change the Name of the Awarding Agency from the North Central Texas Council of Governments to the Mosaic Family Services for the Project Safe Neighborhood Grant in the Amount of $5,000.00, Repeal Ordinance No. 20013- 12 -2011 and Adopt Corrected Appropriation Ordinance. (ALL COUNCIL DISTRICTS) The City Council approved the following recommendation: Authorize the correction of Mayor and Council Communication C -25352 to change the name of the awarding agency from the North Central Texas Council of Governments to the Mosaic Family Services; repeal Ordinance No. 20013 -12 -2011; and adopt the corrected Appropriation Ordinance No. 20326 -08 -2012 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $5,000.00, subject to receipt of a grant from the Mosaic Family Services, for the purpose of participating in a joint effort to reduce violent gun crime and gang crime. 7. M &C C -25786 - Authorize Execution of a Non - Federal Reimbursable Agreement with the Federal Aviation Administration in an Amount Not to Exceed $_1.86,587.50 as Part of the Runway Extension Project at Fort Worth Alliance Airport. (COUNCIL DISTRICT 2) The City Council approved the following recommendation: Authorize the execution of a non- federal reimbursable agreement with the Federal Aviation Administration in an amount not to exceed $186,587.50 as part of the Runway Extension Project at Fort Worth Alliance Airport. VIII. PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS 1. OCS - 1859 - Notice of Claims for Alleged Damages and/or Iniuries CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 8 of 24 C. Land — Removed from Consent Agenda for Individual Consideration 2. M &C L -15419 - Authorize Acquisition of a Fee Simple Interest in 0.1434 Acres of Land in Vacant Lots for the East Como Channel Improvements Proiect Located at 5136 Helmick Avenue from Frank Chadwick in the Amount of $9,375.00 and Pay the Estimated Closing Costs Up to $2,000.00 for a Total Cost in the Amount of $11,375.00 (COUNCIL DISTRICT 7) The recommendation was that the City Council authorize the acquisition of a fee simple interest in 0.1434 acre of land in vacant lots located at 5136 Helmick Avenue, Fort Worth, Texas, described as Lots 21 and 22, Block 123, Chamberlain Arlington Heights, 2nd Addition, from Frank Chadwick; find that the total purchase price in the amount of $9,375.00 is just compensation; and authorize acceptance of the conveyance, the recording of the appropriate instrument and payment of the estimated closing costs in the amount up to $2,000.00. Council Member Moss recused from voting on this item. Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -15419 be approved. The motion carried unanimously 7 ayes to 0 nays, with 1 recusal by Council Member Moss and Mayor Price absent. E. Award of Contract - Removed from Consent Agenda for Individual Consideration 3. M &C C -25782 - Authorize Execution of Amendment No. 1 to City Secretary Contract No. 42295, an Infrastructure Construction Agreement with Hillwood Residential Services, L.P., to Increase City Participation in the Amount of $283,972.00 for the Construction of Additional Water and Sewer Improvements to North Beach Street from Keller -Hicks Road to Golden Triangle Boulevard and Along Keller -Hicks Road from Alta Vista Boulevard 1,000 Feet to the East, Thereby Establishing a Total City and Developer Contract Cost of $6,683,972.00. (COUNCIL DISTRICT 2) The recommendation was that the City Council authorize execution of Amendment No. 1 to City Secretary Contract No. 42295, an infrastructure construction agreement with Hillwood Residential Services, L.P., to increase City participation in the amount of $283,972.00 for the construction of additional water and sewer improvements to North Beach Street from Keller - Hicks Road to Golden Triangle Boulevard along Keller -Hicks Road from Alta Vista Boulevard 1,000 feet to the east, thereby establishing a total contract cost of $6,683,972.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 9 of 24 Ms. Gena Terrell, 3090 Olive Street, Suite 300, Dallas, Texas 75219, completed a speaker card in support of Mayor and Council Communication No. C- 25782, but did not wish to address the Council. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. C -25782 be approved, with appreciation to all involved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. IX. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. There were no special presentations, introductions, etc. X. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming and Recent Events Council Member Moss announced that the HIPHOP for HIV Concert was a great success. He stated that over 2,000 individuals attended the concert and that 4,300 individuals received free HIV /STD testing. He also expressed appreciation to the agencies and individuals who sponsored the event. Mayor Pro tern Zimmerman also stated that the HIPHOP for HIV Concert was a tremendous program and commented on the wonderful performances. Council Member Burns requested that the Council meeting be adjourned in memory of Mr. Toby Tobias, retired Fort Worth employee, who passed away on August 4, 2012. Council Member Allen Gray expressed appreciation to everyone who joined her and Mayor Price for the Coffee for District 8 in the Highland Hills area. She encouraged everyone to follow District 8 and the City on Twitter and Facebook to receive information on future meetings and events. Council Member Scarth expressed appreciation to Tarrant County for allowing him to make a presentation on behalf of Vision North Texas. Council Member Jordan requested the Council meeting be adjourned in memory of Mr. David Luskey, of Luskey Western Wear, who passed away on August 6, 2012. Council Member Espino announced that he would be making a motion to continue Mayor and Council Communication No. PZ -2983 to the September 11, 2012, City Council meeting at the request of the applicant. He also expressed appreciation to his fellow Council Members for their service to their respective districts and the City as a whole. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 10 of 24 2. Recognition of Citizens There were no citizens recognized at this time. XI. PRESENTATIONS BY THE CITY COUNCIL 1. Changes in Membership on Boards and Commissions Council Member Scarth recommended the following reappointments on behalf of the Legislative and Intergovernmental Affairs Committee: Mr. Paul Harral, Area Metropolitan Ambulance Authority, with a term expiring August 31, 2015. Mr. W. B. "Zim" Zimmerman, Area Metropolitan Ambulance Authority, with a term expiring August 31, 2015. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Mr. Paul Harral and Mr. W.B. "Zim" Zimmerman be reappointed to the Area Metropolitan Ambulance Authority, with terms expiring on August 31, 2015. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. Motion: Council Member Jordan made a motion on behalf of Mayor Price, seconded by Council Member Espino, that Mr. Danny Scarth and Mr. W.B. "Zim" Zimmerman be appointed to the Regional Transportation Council. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. Motion: Council Member Jordan made a motion on behalf of Mayor Price, seconded by Council Member Scarth, that Mr. Richard Fahy be reappointed to Place 1 on the Aviation Advisory Board, with a term expiring on October 1, 2013. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mr. James Doherty be appointed to Place 6 on the Parks and Community Services Advisory Board, with a term expiring on October 1, 2012. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XII. PRESENTATIONS AND /OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND /OR CITY COUNCIL 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 AUGUST 14, 2012 Page 11 of 24 XIII. RESOLUTIONS 1. A Resolution Appointing Jesus Payan, William B. Gordon and Mike Bickley to the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth. The recommendation was that the City Council adopt a Resolution appointing Mr. Jesus Payan, Mr. William B. Gordon and Mr. Mike Bickley to the Board of Trustees of the Employees' Retirement Fund of the City of Fort Worth. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Resolution No. 4112 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 2. A Resolution Appointing Kelly Allen Gray to the Board of Directors of Tax Increment Reinvestment Zone Number Four, City of Fort Worth, Texas (Southside TIF). The recommendation was that the City Council adopt a Resolution appointing Mrs. Kelly Allen Gray to the Board of Directors of the Tax Increment Reinvestment Zone Number Four, City of Fort Worth, Texas (Southside TIF). Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Resolution No. 4113 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 3. A Resolution Appointing Kelly Allen Gray to the Board of Directors of Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster Corridor TIF). The recommendation was that the City Council adopt a Resolution appointing Mrs. Kelly Allen Gray to the Board of Directors of Tax Increment Reinvestment Zone Number Eight, City of Fort Worth (Lancaster Corridor TIF). Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Resolution No. 4114 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 4. A Resolution Appointing Kelly Allen Gray and Scott Rule to the Board of Directors of Tax Increment Reinvestment Zone Number Twelve, City of Fort Worth, Texas, and Appointing Kelly Allen Gray as Chairperson for the Board (East Berry Renaissance TIF). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 12 of 24 The recommendation was that the City Council adopt a Resolution appointing Mrs. Kelly Allen Gray and Mr. Scott Rule to the Board of Directors of Tax Increment Reinvestment Zone Number Twelve, City of Fort Worth, Texas, and appointing Mrs. Kelly Allen Gray as Chairperson for the Board (East Berry Renaissance TIF). Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Resolution No. 4115 -08 -2012, appointing Council Member Kelly Allen Gray and Mr. Scott Rule to the Board of Directors of Tax Increment Reinvestment Zone Number 12, City of Fort Worth, Texas, be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Resolution No. 4115 -08 -2012, appointing Council Member Kelly Allen Gray as Chairperson for the Board of Tax Increment Reinvestment Zone Number 12, City of Fort Worth, Texas be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XIV. ORDINANCES City Secretary Kayser read the caption of each ordinance in its entirety and advised that Council action was not necessary at this time and the items would remain open until adoption of the budget, debt service and tax rate ordinances. 1. An Ordinance Setting Forth an Itemized_ Estimate of the Expense of Conductin Each Department, Division and Office of the Municipal Government of the City of Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2012, and Ending September 30, 2013, and Appropriating Money for the Various Funds and Purposes of Such Estimate; Providing for Public Hearings Upon This Ordinance Before the Entire Citv Council Sitting as a Committee of the Whole; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of All Ordinances and Appropriations in Conflict with the Provisions of this Ordinance; and Providing for the Publication and Final Passage Thereof. 2. An Ordinance Setting Forth an Estimate of the Expense of the General Debt Service Fund of the Municipal Government of the City of Fort Worth for the Ensuing Fiscal Year Beginning October 1, 2012, and Ending September 30, 2013, and Appropriating Money for the General Debt Service Fund and Purpose of Such Estimate, Appropriating Money to Pay Interest and Principal Sinking Fund Requirement on All Outstanding General Indebtedness• Providing for Public Hearings Upon This Ordinance Before the Entire City Council Sitting as a Committee of the Whole; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of All Ordinances and Appropriations in Conflict with the Provisions of This Ordinance; and Providing for the Publication and Final Passage Thereof. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 13 of 24 3. An Ordinance Providing for the Levy and Collection of an Annual Ad Valorem Tax on All Property, Real, Personal and Mixed, Situated Within the Territorial Limits of the City of Fort Worth, Texas, and All Personal Property Owned in said City of Fort Worth, Texas, on the First Day of January, A.D. 2012, Except Such Property as May be Exempt from Taxation by the Constitution and Laws of the State of Texas; and Providing for a Penalty; and Providing a Severability Clause; and Providing a Savings Clause for the Repeal of All Ordinances in Conflict with the Provisions of This Ordinance; and Providing for the Publication and Final Passage Thereof. XV. BUDGET HEARING Mayor Pro tem Zimmerman opened the budget hearing. 1. Hearing on Proposed Fiscal Year 2012 -2013 Appropriation Ordinance, Debt Service Ordinance and Ad Valorem Tax Lew Ordinance 1. Report of City Staff Mr. Horatio Porter, Budget Officer, City Manager's Office, appeared before Council and provided a staff report. 2. Citizen Presentations There was no one present desiring to be heard in connection with the budget hearing. 3. Council Action Motion: Council Member Shingleton made a motion, seconded by Council Member Espino, that the budget hearing be continued until the August 21, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. XVI. REPORT OF THE CITY MANAGER A. Benefit Hearing 1. M &C BH -275 - Conduct a Public Hearing Regarding the Proposed District and the Improvements and Services to be Undertaken and Declare Sufficiency of a Petition Requesting Establishment of Fort Worth Public Improvement District No. 15, Sun Valley. (COUNCIL DISTRICT 5) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 14 of 24 It was recommended that the City Council conduct a public hearing to consider the advisability of establishing the proposed Public Improvement District No. 15, Sun Valley, for a term of approximately 20 years, expiring September 30, 2032; the general nature of the proposed improvements and/or services; the estimated costs of the improvements and /or services; the proposed boundaries of the Public Improvement District No. 15; and the proposed method of assessments; find that the petition requesting establishment of Fort Worth Public Improvement District No. 15, Sun Valley, meets the requirements necessary for the City Council to designate the proposed area as a public improvement district pursuant to Chapter 372 of the Texas Local Government Code; and approve the filing of the Sun Valley petition with the City Secretary for public inspection. Mayor Pro tem Zimmerman opened the public hearing. a. Report of City Staff Mr. Coy Gray, Senior Administrative Services Manager, Housing Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations The following individuals appeared before Council in support of Mayor and Council Communication No. BH -275. Mr. Lance Reordan, representing Orasi Development, 5924 Terrace Oaks Lane Ms. Sandra McGlothlin, representing Empire Roofing, 5301 Sun Valley Drive Council Member Moss requested clarification from Ms. McGlothlin on if the large vacant property was at the eastern end of the industrial park. Ms. McGlothlin advised that the vacant property was at the western end. The following individuals appeared before Council in opposition to Mayor and Council Communication No. BH -275. Mr. Bijan Youssefzdeh, 5460 East Loop 820 South Mr. Rodney Erwin, 5212 Saunders Road Mr. Sid Cavanaugh, 5450 East Loop 820 South The following individuals submitted comment cards in opposition to Mayor and Council Communication No. BH -275. Mr. Robert Vick, 5200 Vesta Farley Road Ms. Linda Vick, 5200 Vesta Farley Road Mr. Cullen Crisp, 5201 Saunders Road CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 15 of 24 Council Member Moss stated that this was the next step being taken to convert this business park into a safe place to come to work and conduct business, especially during the weekend hours when the Fort Worth Police patrols are light in the area. Council Member Espino stated that Ms. McGlothlin was a person of high integrity and was looking out for the best interest of the community. C. Council Action Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that the public hearing be closed and that Mayor and Council Communication No. BH -275 be approved, with an amended Attachment 1. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 2. M &C BH -276 - Conduct a Public Hearing and Adopt Resolution Reducing Boundaries of Fort Worth Public Improvement District No. 7, Heritage PID. (COUNCIL DISTRICTS 4 and 7) (PUBLIC HEARING) It was recommended that the City Council conduct a public hearing to consider the removal of six (6) lots located at 9500 Peat Court, Block 160, Lot 74; 9513 Peat Court, Block 160, Lot 70; 9525 Bewley Court, Block 160, Lot 44; 9528 Bewley Court, Block 160, Lot 57; 9528 Sinclair Street, Block 160, Lot 29; and 9529 Sinclair Street, Block 160, Lot 17, Heritage Addition, from Public Improvement District No. 7, Heritage PID; and adopt a Resolution reducing the boundaries of Fort Worth Public Improvement District No. 7, Heritage PID by removing the six (6) lots listed above. Mayor Pro tem Zimmerman opened the public hearing. a. Report of City Staff Mr. Coy Gray, Senior Administrative Services Manager, Housing Economic Development Department, appeared before Council and provided a staff report. b. Citizen Presentations Ms. Gena Terrell, 2090 Olive Street, Suite 300, Dallas, Texas 75219, completed a speaker card in support of Mayor and Council Communication No. BH -276, but did not wish to address the Council. C. Council Action CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 16 of 24 Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that the public hearing be closed and that Mayor and Council Communication No. BH -276 be approved and Resolution No. 4116 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. B. General 1. M &C G -17648 - Adopt Ordinance Providing for the Issuance of Approximately $85,790,000.00 of the City of Fort Worth, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2012, Providing for the Levy, Assessment and Collection of a Tax Sufficient to Pay the Interest on Said Certificates of Obligation and to Create a Sinking Fund for the Redemption Thereof at Maturity, Pledging Certain Revenues in Support of Said Certificates, Prescribing the Form of Said Certificates and Ordaining Other Matters Related Thereto. (ALL COUNCIL DISTRICTS) It was recommended that the City Council adopt an Ordinance providing for the issuance of approximately $85,790,000.00 of the City of Fort Worth, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2012, providing for the levy, assessment and collection of a tax sufficient to pay the interest on said Certificates of Obligation and to create a Sinking Fund for the redemption thereof at maturity, pledging certain revenues in support of said Certificates, prescribing the form of said Certificates and ordaining other matters related thereto; and authorize approximately $85,790,000.00 Combination Tax and Revenue Certificates of Obligation, Series 2012, be sold to Robert W. Baird & Co. the bidder offering the lowest true interest rate of 2.644947 percent. 1. Report of City Staff Mr. James Mauldin, City Treasurer, appeared before Council and provided a staff report and advised that Robert W. Baird & Co. was the bidder offering the lowest true interest rate of 2.644947. 2. Council Action Council Member Espino stated he would support this item but that the City should look at the use of Crime Control and Prevention District funding for capital projects involving the Police Department. Motion: Council Member Jordan made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17648 be approved and Ordinance No. 20327 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 17 of 24 2. M &C G -17649 - Authorize Mid -Year Fiscal Year 2012 Funding Application in the Amount of $16,000,000.00 to the Crime Control and Prevention District Board of Directors for Mid -Year Budget Amendments to Fund $10,000,000.00 for the Police Training Academy and $6,000,000.00 for Mobile Data Computer Replacements. (ALL COUNCIL DISTRICTS) It was recommended that the City Council authorize a Mid -Year Fiscal Year 2012 funding application in the amount of $16,000,000.00 to the Crime Control and Prevention District Board of Directors to fund $10,000,000.00 for the Police Training Academy and $6,000,000.00 for mobile data computer replacements. Motion: Council Member Burns made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. G -17649 be approved. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. C. Purchase of Equipment, Materials, and Services 1. M &C P -11405 - Authorize Purchase Agreement with Pante Technology Corporation for Hardware, Technology Services and Maintenance and Support Services Using a Cooperative Contract for the Water Department in the Amount Up to $54,500.00. (ALL COUNCIL DISTRICTS) (Continued from a Previous Meeting) It was recommended that the City Council authorize a purchase agreement with Pante Technology Corporation for hardware, technology services and maintenance and support services using the General Services Administration Contract No. GS- 35F -0390T for the Water Department in the amount up to $54,500.00 for the first year. It was the consensus of City Council that Mayor and Council Communication No. P -11405 be withdrawn from consideration. D. Land 1. M &C L -15424 - Authorize Lease Agreement with Chesapeake Exploration, LLC, in the Amount of $110,595.50 for Natural Gas Drilling Under 140 Acres of North Z Boaz Park and Golf Course Located at 3200 Lackland Road. (COUNCIL DISTRICT 3) It was recommended that the City Council authorize a lease agreement for natural gas drilling under 140 more or less of City -owned properties known as North Z Boaz Park and Golf Course with Chesapeake Exploration, LLC, for a five (5) year primary term. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 18 of 24 Council Member Jordan advised he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. Mr. Michael Appleman, 2600 Block Highview Terrace, submitted a comment card in opposition to Mayor and Council Communication No. L- 15424. Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L -15424 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Mayor Price absent. 2. M &C L -15425 - Authorize a Lease Agreement with XTO Energy Inc., in the Amount of $472,839.78 for Natural Gas Drilling Under 155.284 Acres of Trinity Park Located at 2401 Universitv Drive. (COUNCIL DISTRICT 9) It was recommended that the City Council authorize a lease agreement in the amount of $472,839.78 for natural gas drilling under 155.284 acres more or less of City -owned property located at 2401 University Drive, known as Trinity Park, with XTO Energy Inc., for a two (2) year primary term. 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. Mr. Michael Appleman, 2600 Block Highview Terrace, submitted a comment card in opposition to Mayor and Council Communication No. L- 15425. Motion: Council Member Burns made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. L -15425 be approved. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Scarth and Mayor Price absent. The electronic voting system incorrectly reflected Council Member Scarth as voting in favor of Mayor and Council Communication No. L- 15425; however, he did abstain from the vote as reflected in the motion. 3. M &C L -15426 - Authorize Condemnation by Eminent Domain of an Easement Interest in 0.078 Acres of Improved Land for a Temporary Construction Easement for the Clearfork Main Street Bridge Proiect and an Easement Interest in 0.109 Acres of Land for a Permanent Access Easement and an Easement Interest in 0.333 Acres for a Temporary Right of Entry for the SH t21T, Part 1, Water and Sewer Relocations Project Located at 2698 South Hulen Street and Owned by Fretus Investors Fort Worth, L.P. (COUNCIL DISTRICT 3) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 19 of 24 It was recommended that the City Council declare that negotiations between the City and the landowner to acquire an easement interest in 0.078 acre of improved land for a temporary construction easement for the Clearfork Main Street Bridge Project and an easement interest in 0.109 acre of land for a permanent access easement and an easement interest in 0.333 acre for a temporary right of entry for the SH121T, Part 1, Water and Sewer Relocations Project located at 2698 South Hulen Street and owned by Fretus Investors Fort Worth, L.P., and known as Block 3, Lot 1R, of the Stonegate Addition, City of Fort Worth, Tarrant County, Texas, were unsuccessful because of the inability to reach an agreement to purchase; declare the necessity to take through condemnation by eminent domain, both permanent and temporary easement interests and a temporary right of entry on the subject property for the Clearfork Main Street Bridge and SH121T, Part 1, Water and Sewer Relocations Projects; authorize the City Attorney to institute condemnation by eminent domain proceedings for an easement interest in 0.078 acre of improved land for a temporary construction easement for the Clearfork Main Street Bridge Project and easement interests in 0.109 acre for a permanent access easement and 0.333 acre for a temporary right of entry for the SH121T, Part 1, Water and Sewer Relocations; authorize the payment pursuant to an award of commissioners and /or upon negotiated settlement in lieu of condemnation by eminent domain; and authorize the acceptance and recording of appropriate instruments. Motion: Council Member Burns made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. L -15426 be approved and that the Fort Worth City Council authorize the use of the power of eminent domain for the Clearfork Main Street Bridge Project to acquire 0.078 acre for a temporary construction easement needed for the Clearkfork Main Street Bridge Project and 0.109 acre for a permanent access easement and 0.333 acre for a temporary right of entry for the SH121 Water and Sewer Relocations Project from the tract of land known as Block 3, Lot 1R, Stonegate Addition, an Addition in the S.C. Inman Survey, Abstract No. 824, Tarrant County, Texas, also known as 2698 South Hulen Street. The land rights will be used for the construction of the bridge and to relocate water and sewer facilities. The temporary construction easement and the permanent access easement and the temporary right of entry are described by metes and bounds and depicted by survey plats attached to Mayor and Council Communication No. L- 15426. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 4. M &C L -15427 - Conduct a Public Hearing and Authorize Use of a Portion of the Subsurface of Wildwood Park North for the Purpose of Installing an Eight -Inch Natural Gas Pipeline and Authorize Execution of a License Agreement with Texas Midstream Gas Services, L.L.C., in the Amount of $123,468.40. (COUNCIL DISTRICT 7) (PUBLIC HEARING) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 20 of 24 It was recommended that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists for the use of Wildwood Park North, located at 9900 Watercress Drive, north of Watercress Drive, west of Lakeside Road and east of Silver Creek Road, for the location of the proposed natural gas pipeline; and that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the parkland, including that the pipeline will be constructed in Wildwood Park North as specified; close the public hearing and authorize the use of approximately 1.171 acres of dedicated parkland of Wildwood Park North for the installation of an eight (8) inch natural gas pipeline; and authorize the execution of a license agreement with Texas Midstream Gas Services, L.L.C., in the amount of $123,468.40. Mayor Pro tern Zimmerman opened the public hearing. 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 There was no one present desiring to be heard in connection with the public hearing. C. Council Action (Council Member Jordan left his place at the dais.) Motion: Council Member Shingleton made a motion, seconded by Council Member Moss, that the public hearing be closed and that Mayor and Council Communication No. L -15427 be approved. The motion carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member Jordan absent. E. Planning & Zoning 1. M &C PZ -2983 - Consider the Adoption of an Ordinance Vacating a Portion of Right -of -Way Along Oakhurst Scenic Drive Adiacent to 2031 West Lotus Avenue (COUNCIL DISTRICT 2) It was recommended that the City Council consider the adoption of an Ordinance vacating and extinguishing a portion of Oakhurst Scenic Drive adjacent to Lots 12, 13 and part of Lot 14, Block 1 of West Oakhurst Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, containing approximately 6074 square feet or 0.139 acre of land; providing for the reversion of fee in said land; the retainment of existing utility easements; and remand this case to the City Plan Commission for further review. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 21 of 24 (Council Member Jordan returned to his place at the dais.) The following individuals completed speaker cards in support of Mayor and Council Communication No. PZ -2983 and were recognized by Mayor Pro tern Zimmerman, but were not present in the Council Chamber. Ms. Cyndy Walters, 2031 West Lotus Avenue Ms. Janice Michel, 2115 Primrose Avenue Mr. Gray Walters, 2031 West Lotus Avenue The following individuals submitted comment cards in opposition to Mayor and Council Communication No. PZ -2983. Ms. Ashleigh Martin, 2105 Daisy Lane Mr. Aaron Vorwerk, 2112 Morning Glory Avenue Mr. W. Jarrett Michel, 2115 Primrose Avenue, submitted a comment card in support of Mayor and Council Communication No. PZ -2983. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. PZ -2983 be continued until the September 11, 2012, Council meeting. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 2. M &C PZ -2984 - Adopt Ordinance Vacating a Portion of Booker Washington Avenue and an Alley Near the Intersection of III 35W and SH 121. (COUNCIL DISTRICT 8) It was recommended that the City Council adopt an Ordinance vacating and extinguishing a portion of Booker Washington Avenue and a portion of a 10 -foot wide alley, situated in the B.F. Crowley Survey, Abstract No. 307, between East 1st Street and State Highway No. 121; as shown on the final plat for Starvers Addition, an Addition to the City of Fort Worth, containing approximately 12,377 square feet or 0.284 acre of land and 1,594 square feet or 0.037 acre of land respectively; and waive any purchase -fee value of the vacated land in accordance with City Policy (M &C G- 15624). Council Member Jordan 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 Allen Gray made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. PZ -2984 be approved and Ordinance No. 20328 -08 -2012 be adopted. The motion carried 7 ayes to 0 nays, with 1 abstention by Council Member Jordan and Mayor Price absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 22 of 24 3. M &C PZ -2985 - Consider Institution of the Annexation and Adoption of Ordinance for the Annexation of Approximately 299.7 Acres of City -Owned Land North of Intermodal Parkway and West of Old FM 156, Alliance Airport Runway Extension, AX -12 -004. (COUNCIL DISTRICT 2) It was recommended that the City Council institute and consider the adoption of an Ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of an approximately 299.7 acre tract of land situated in the L. Butler survey, Abstract Number 64; the G. Overton Survey, Abstract Number 972; the W. Sample Survey, Abstract Number 1207; the C. Sutton Survey, Abstract Number 1230; the W. Zecular Survey, Abstract Number 1454; and the A. Robinson Survey, Abstract Number 1553, situated about 16.4 miles north 0 degrees east of the courthouse, Tarrant County, Texas (Case No. AX -12 -004) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Mayor and Council Communication No. PZ -2985 be approved and Ordinance No. 20329 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. 4. M &C PZ -2986 - Authorize Institution of the Annexation and Adoption of an Ordinance for the City - Initiated Annexation of Approximately 0.65 Acre of Land in Denton County, Texas, Located Along and North of Litsev Road and East of Elizabethtown Cemetery Road. (COUNCIL DISTRICT 2) It was recommended that the City Council authorize institution of and adopt an Ordinance declaring certain findings; providing for the extension of certain boundary limits of the City of Fort Worth; providing for the annexation of an approximately 0.65 acre tract of land situated in Denton County in the A. Henderson Survey, Abstract Number 596; situated about 17.7 miles north 11 degrees east of the Tarrant County Courthouse, Texas (Case No. AX -12 -005) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. PZ -2986 be approved and Ordinance No. 20330 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. F. Award of Contract CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 23 of 24 1. M &C C -25787 - Adopt Resolution Authorizing Execution of a Local Project Advanced Funding Agreement in the Amount of $1,408,989.00 with the Texas Department of Transportation for Preliminary Engineering, Environmental Assessment, Right -of -Way Acquisition and Utility Relocation to Widen Garden Acres Bridge for Six Lanes Over IH 35W. (COUNCIL DISTRICTS 6 and 8) It was recommended that the City Council adopt a Resolution authorizing the execution of a Local Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $1,408,989.00, for review of plans, schematics and preliminary engineering, environmental assessment, right -of -way acquisition and utility relocation to widen Garden Acres Bridge for six (6) lanes to include bike lanes, sidewalks and traffic signals over IH 35W; and authorize initial payment to TxDOT in the amount of $49,762.68 to conduct review of plans, schematics and engineering in accordance with the Local Project Advanced Funding Agreement. Mr. Richard Longino, Sr., 10165 Indian Mound Road, submitted an "undecided" speaker card relative to Mayor and Council Communication No. C -25787 and was recognized by Mayor Pro tem Zimmerman, but was not present in the Council Chamber. Motion: Council Member Allen Gray made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C -25787 be approved and Resolution No. 4117 -08 -2012 be adopted. The motion carried unanimously 8 ayes to 0 nays, with Mayor Price absent. (Council Member Burns left his place at the dais and did not return.) XVII. ZONING HEARING Mayor Pro tem Zimmerman opened the public hearing. 1. ZC -12 -072 - (CD 2) - City of Fort Worth Planning & Development/KIII Post Consummation Trust, 3900 Block of Litsey Road; from: Unzoned to: "A -5" One - Family. (Recommended for Approval by the Zoning Commission) (Continued from a Previous Meeting) The City Council at its Regular Meeting on August 7, 2012, continued Zoning Docket No. ZC -12 -072. Motion: Council Member Espino made a motion, seconded by Council Member Shingleton, that Zoning Docket No. ZC -12 -072 be approved. The motion carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member Burns absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 14, 2012 Page 24 of 24 2. ZC -12 -073 - (CD 2) - City of Fort Worth Aviation Department, Generally bounded by an extension of the Alliance Airport western runway, FM 156, and Old FM 156; from: Unzoned to: "PD" Planned Development for "I" Light Industrial uses plus airport, aviation field, heliport, and landing area; excluding bars /nightclubs, junkyards, recycling facilities, motels, sexually oriented businesses and tattoo parlors; site plan waiver recommended. (Recommended for Approval by the Zoning_ Commission) (Continued from a Previous Meeting) The City Council at its Regular Meeting on August 7, 2012, continued Zoning Docket No. ZC -12 -073. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Zoning Docket No. ZC -12 -073 be approved. The motion carried unanimously 7 ayes to 0 nays, with Mayor Price and Council Member Burns absent. The electronic voting system incorrectly reflected Mayor Pro tem Zimmerman as absent. He audibly voted in favor of Zoning Docket No. ZC -12 -073, as reflected in the motion. There being no one else present desiring to be heard in connection with the recommended changes and amendments pertaining to Zoning Ordinance No. 13896 for the above listed cases, Council Member Espino made a motion, seconded by Council Member Moss, that the hearing be closed and that Ordinance No. 20331 -08 -2012 be adopted. The motion carried 7 ayes to 0 nays, with Mayor Price and Council Member Burns absent. XVIII. CITIZEN PRESENTATIONS Mr. Alan Kinsey, 809 Annapolis Drive, appeared before Council relative to the Red Light Camera program within the City of Fort Worth. XIX. EXECUTIVE SESSION (PRE- COUNCIL CHAMBER) XX. ADJOURNMENT There being no further business, Mayor Pro tem Zimmerman adjourned the Regular Meeting at 8:11 p.m. in memory of Mr. Toby Tobias and Mr. David Luskey. These minutes approved by the Fort Worth City Council on the 21" day of August, 2012. Attest: ary J. Kays City Secretary .