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HomeMy WebLinkAbout2004/02/17-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 17, 2004 Date & Time On the 17th day of February, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:15 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, and John Stevenson; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Members Jim Lane and Wendy Davis were temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Robert Bennett, Handley Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of February 10, 2004, were approved unanimously. Council Member Lane assumed his chair. Special Council Member Moss presented a Proclamation for Black History Presentations Month. Council Member Davis assumed her chair. Council Member Lane, accompanied by Council Member Davis and City Attorney Yett, presented a Proclamation for Tarrant County Bar Association to Mr. Quentin McGown, IV. Canvass of Gloria Pearson, City Secretary, advised the City Council that the Returns and official count of the City Capital Improvement Program Bond Declaration of Election held on February 7, 2004, was completed on February 17, Results of 2004, and the returns of the election as reported by the presiding Capital officers of each voting precinct who, upon their oath, stated the Improvement returns of their respective boxes were true and correct as follows: Program Bond Election CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 2 of 15 RETURNS OF THE CITY CAPITAL IMPROVEMENT PROGRAM BOND ELECTION FEBRUARY 7, 2004 Proposition No. 1 FOR: 13,181 AGAINST: 3,985 Proposition No. 2 FOR: 12,591 AGAINST: 4,520 Proposition No. 3 FOR: 12,633 AGAINST: 4,434 Proposition No. 4 FOR: 13,611 AGAINST: 3,461 Proposition No. 5 FOR: 12,151 AGAINST: 4,806 Proposition No. 6 FOR: 12,754 AGAINST: 4,272 Ord. #15875 Council Member Silcox made a motion, seconded by Council Canvassing Member Davis, that Ordinance No. 15875 canvassing returns and Returns and declaring results of a bond election conducted on February 7, Declaring 2004, be adopted. The motion carried unanimously. Results of Bond Election on February 7, 2004 Announcements Council Member Picht commended the Camelot/Hallmark Citizens on Patrol group stating that two of their members were instrumental in the capture of a murderer and stated that they would be recognized by the Council at a later date. Council Member Haskin announced that a press conference would be held immediately after the Council meeting about the Automatic External Defibrillator (AED) Registration program. She stated that the press conference would bring awareness to the public of where the AED units were located within the City in case of a cardiac emergency. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 3 of 15 Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication No. P-9916 be withdrawn from the consent agenda. City Manager Jackson requested that Mayor and Council Communication No. G-14260 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Stevenson, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Stevenson made a motion, seconded by Council Member Davis, that the following individuals be reappointed to boards and commissions as indicated effective February 17, 2004 and with terms expiring as reflected: NAME TERM EXPIRING Art Commission Helen Avina Sides September 30, 2005 Aviation Advisory Board Ed McLaughlin October 1, 2005 Board of Adjustment/FW Alliance Airport Board of Adjustment Nick Genua October 1, 2005 Building Standards Commission Robert Hawley September 30, 2005 City Plan Commission Dennis Shingleton October 1, 2005 Community Development Council Elizabeth Washington October 1, 2005 FW Commission for Women Willie M. Westbrook October 1, 2005 FW Transportation Authority Executive Committee Robert Jameson September 30, 2005 Historic and Cultural Landmarks Commission Patricia Ward October 1, 2005 Library Advisory Board Ann McKinney October 1, 2005 The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 4 of 15 Resolution There was presented a resolution nominating Miramar Designs, Nominating Ltd. as an Enterprise Project pursuant to the Texas Enterprise Miramar Zone Act, Chapter 2303, of the Texas Government Code. Council Designs, Ltd. Member Haskin made a motion, seconded by Council Member Continued for Davis, that the resolution be continued for one week. The motion One Week carried unanimously. C.P. #238 There was presented Council Proposal No. 238 proposing that the Continued for City Council rename Houston Street to Albert E. Chew Drive One Week requested by Shiloh Baptist Church. Council Member Lane made a motion, seconded by Council Member Davis, that the Council Proposal be continued for one week. The motion carried unanimously. OCS-1399 There was presented Mayor and Council Communication No. OCS- Claims 1399 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1400 There was presented Mayor and Council Communication No. OCS- Res. #3044 1400 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3044 setting regular zoning Zoning Hearing hearing for March 11, 2004. Council Member Davis, made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-14260 There was presented Mayor and Council Communication No. G- Res. #3045 14260 from the City Manager recommending that the City Council TxDOT approve Resolution No. 3045 supporting the following Texas Relocation of Department of Transportation (TxDOT) intentions for the relocation FM1187 & of FM1187 between 1.7 miles west of FM731 and IH-35W: Operation of 1. TxDOT will designate the new facility as FM1187; and Existing Route as a Highway on 2. TxDOT will retain, maintain, and operate the existing route of State Highway FM1187 as a highway on the state highway system, System designating it as a business route. City Attorney Yett stated that the resolution needed to be amended as follows: a. Paragraph 1, line 2: Delete "and" and replace with "to" b. Paragraph 2, subparagraph, line 1: Delete "if" and replace with "of" CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 5 of 15 Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. G- 14260 be adopted. The motion carried unanimously. G-14261 There was presented Mayor and Council Communication No. G- Ord. #15876 14261 from the City Manager recommending that the City Council: Grant Application to 1. Approve the submission of a grant application by the City State of Texas Manager on November 1, 2003, applying for a one-year grant Division of for $29,350.00 from the State of Texas Division of Emergency Emergency Management; and Management for Hazardous 2. Authorize the City Manager, subject to grant receipt, to enter Materials into an agreement with the State of Texas Division of Emergency Emergency Management; and Preparedness Grant 3. Adopt Appropriation Ordinance No. 15876 increasing estimated receipts and appropriations in the Grants Fund in the amount of $29,350.00, subject to receipt of the grant from the State of Texas, Division of Emergency Management, for the purpose of funding Hazardous Material Awareness Programs for the Fire Department; and 4. Approve the transfer of $5,870.00 as required for the 20 percent match from the General Fund to the Grants Fund. It was the consensus of the City Council that the recommendation be adopted. G-14262 There was presented Mayor and Council Communication No. G- Ord. #15877 14262 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15877 amending the Code of the City of Fort 34, "Vehicles for Worth (1986), as amended, by amending Chapter 34 "Vehicle for Hire" Section Hire" Article IV "Ground Transportation" Section 245 "Age Limits 245(a), Granting of Taxicabs; other vehicle requirements" Subsection (a) by a One-Year providing that permitted and authorized taxicab vehicles that are Extension to five years old on January 1, 2004 shall be allowed to be permitted Age of a and authorized to operate in Fort Worth until December 31, 2004; Taxicab, 1999 providing a fine of up to $200.00 for each offense in violation of the Vehicle Models ordinance. It was the consensus of the City Council that the Only recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 6 of 15 G-14263 There was presented Mayor and Council Communication No. G- Ord. #15878 14263 from the City Manager recommending that the City Council: Transfer Impact Fee Revenues to 1. Adopt Appropriation Ordinance No. 15878 increasing Operating estimated receipts and appropriations in the Water Capital Budget Project Fund in the amount of $4,550,527.00 and the Sewer Capital Project Fund in the amount of $4,016,663.00 from impact fees for the purpose funding the payment of principal and interest on existing Revenue Bonds; and 2. Authorize the transfer of $4,550,527.00 from the Water Capital Project Fund, and $4,016,663.00 from the Sewer Capital Project Fund to the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. G-14264 There was presented Mayor and Council Communication No. G- Ord. #15879 14264 from the City Manager recommending that the City Council Fiscal Year adopt Supplemental Appropriation Ordinance No. 15879 increasing 2003-2004 for appropriations by the indicated amounts in the indicated funds for Rollover encumbrance rollovers and designated expenditures: Encumbrances & Designated 1. General Fund by $1,347,874.00 and decreasing the Expenditures unreserved, undesignated fund balance by the same amount; and 2. Crime Control and Prevention District Fund by $3,471,185.00 and decreasing the unreserved, designated fund balance by the same amount; and 3. Water and Sewer Fund by $1,047,703.00 and decreasing the unreserved, undesignated retained earnings by the same amount. Council Member Picht made a motion, seconded by Council Member Silcox, that the recommendation be adopted by excluding the $1,698.272.00 reflected for the acquisition and renovation of a facility for the Fort Worth Crime Lab. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 7 of 15 G-14265 There was presented Mayor and Council Communication No. G- Ord. #15880 14265 from the City Manager recommending that the City Council Sponsorships authorize the City Manager to accept $1,250.00 in cash for "Care for sponsorships for the "Clean Air Fair and Bike Rally", a "Care for Cowtown Air" Cowtown Air" Program; and authorize the City Manager to accept Program donated services sponsorships valued at $16,100.00; and adopt Supplemental Appropriation Ordinance No. 15880 increasing estimated receipts and appropriations in the Environmental Management Fund in the amount of $1,250.00 from available funds, for the purpose of funding the Environmental Management Department's "Clean Air Fair and Bike Rally." Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14266 There was presented Mayor and Council Communication No. G- Adopt Fort 14266 from the City Manager recommending that the City Council Worth Public adopt the Long Range Services Plan for the Fort Worth Public Library's Long Library. Mayor Pro tempore McCloud made a motion, seconded by Range Services Council Member Stevenson, that the recommendation be adopted. Plan The motion carried unanimously. P-9915 There was presented Mayor and Council Communication No. P- Polyvinyl 9915 from the City Manager recommending that the City Council Chloride Pipe, authorize a purchase agreement for polyvinyl chloride pipe, Fittings, Valves fittings, valves and related items with multiple vendors for the City & Related Items of Fort Worth based on the discounts offered with payment due 30 days after receipt of the invoice; and authorize this agreement to begin February 17, 2004, and expire February 16, 2005, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-9916 There was presented Mayor and Council Communication No. P- Relocation of 9916 from the City Manager recommending that the City Council Cart Inventory approve the purchase of services from Toter, Inc. for the relocation of recycling and garbage carts from the Montgomery Wards facility to the Southeast Service Center at a cost of$53,804.00. Council Member Silcox inquired if the relocation had already occurred and Toter, Inc. paid. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 8 of 15 Assistant City Manager Libby Watson stated that the relocation had already occurred as the City did not have the necessary equipment to perform the relocation itself. She added that Toter, Inc. agreed to relocating the carts, with the understanding that they would be reimbursed by the City. Council Member Stevenson made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. P- 9916 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None L-13762 There was presented Mayor and Council Communication No. L- Lease 13762 from the City Manager recommending that the City Council Agreements for authorize the City Manager to execute lease agreements with TECHFort Worth TECHFort Worth Incubator Clients to occupy TECHFort Worth, formerly the gymnasium at the historic James E. Guinn School. It was the consensus of the City Council that the recommendation be adopted. C-19968 There was presented Mayor and Council Communication No. C- HDR 19968 from the City Manager recommending that the City Council Engineering, Inc. authorize the City Manager to execute an engineering agreement with HDR Engineering, Inc. for the design of the Como Pump Station Expansion, for a total fee not to exceed $632,577.00. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on Community Facilities Agreement with Hillwood Alliance Residential, LP; Standard Pacific of Texas, LP; Tousa Homes, Inc.; Morrison Homes of Texas, Inc.; and Continental Homes of Texas, LP for Heritage Trace Parkway from Park Vista Boulevard to approximately 1,645 feet west of North Beach Street. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 9 of 15 Ms. Christa Sharpe, representing the Transportation Public Works Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. C-19969 as follows: C-19969 There was presented Mayor and Council Communication No. C- Hillwood 19969 from the City Manager recommending that the City Council Alliance authorize the City Manager to execute a Community Facilities Residential, LP, Agreement with Hillwood Alliance Residential, LP; Standard Pacific Standard Pacific of Texas, LP; Tousa Homes, Inc.; Morrison Homes of Texas, Inc.; of Texas, LP, and Continental Homes of Texas, LP for the installation of Touse Home, community facilities for Heritage Trace Parkway from Park Vista Inc., Morrison Boulevard to approximately 1,645 feet west of North Beach (Station Homes of Texas, 69+00 to Station 144+59). Inc. & Continental There being no one present desiring to be heard in connection with Homes of Texas, the public hearing concerning Community Facilities Agreement LP with Hillwood Alliance Residential, LP; Standard Pacific of Texas, LP; Tousa Homes, Inc.; Morrison Homes of Texas, Inc.; and Continental Homes of Texas, LP for Heritage Trace Parkway from Park Vista Boulevard to approximately 1,645 feet west of North Beach Street, Council Member Lane made a motion, seconded by Council Member Haskin, that the public hearing be closed and Mayor and Council Communication No. C-19969 be adopted. The motion carried unanimously. C-19970 There was presented Mayor and Council Communication No. C- PRP Food 19970 from the City Manager recommending that the City Council Service, Inc. authorize the City Manager to execute an amendment with PRP Food Service, Inc. to reduce annual guaranteed minimums from $60,000.00 to $40,000.00 through the remainder of their contract. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Regular Zoning It appeared to the City Council that the Notice of Public Hearing set Hearing today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on January 29, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 10 of 15 ZC-03-296A Mr. Rick Sorenson, 777 Main Street, Suite 1300, representing the Returned to Todd Group, Ltd., appeared before Council in opposition of the Zoning zoning change. He stated that this case had been delayed for 60- Commission days by the City Zoning Commission for the revision of the map Rick Sorenson relative to rezoning the 365 acres to "J" Medium Industrial and "K" Heavy Industrial. However, when it was presented at the February 11, 2004 City Zoning Commission meeting, no changes had been made to the map. He requested the 365 acres be removed from consideration. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, appeared before Council in support of the zoning change. W. J. Shepherd Mr. W. J. Shepherd, Jr., P. O. Box 334, Burleson, Texas, owner of the property, appeared before Council in support of the zoning change. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the application of City of Fort Worth Planning Department for a change in zoning of property located south of Bonds Ranch Road, west of Wagley-Robertson Road, north and south of Blue Mound Road from "AG" Agricultural to "A- 5" One-Family, "E" Neighborhood Commercial, "G" Intensive Commercial, "I" Light Industrial, "J" Medium Industrial and "K" Heavy Industrial, Zoning Docket No. ZC-03-296A, be returned to the City Zoning Commission for further consideration. The motion carried unanimously. ZC-04-010 Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, representing Approved the applicant, appeared before Council in support of the zoning Dennis Hopkins change. He stated that he had met with all parties affected by the zoning change and received total support for the development. Several Council Members expressed concern with the size of the lots and quality of construction of the homes within the development. They inquired if a one-week delay were possible to allow City staff to meet with the developer in order to provide some assurances that homes to be constructed met City standards. James Hornsby Pastor James E. Hornsby, 3500 House Anderson Road, representing the Cathedral of Praise, appeared before Council in support of the zoning change. He stated that in the Hurst-Euless- Bedford area it was not uncommon to see zero lot line developments and that the development would be a positive addition to the neighborhood. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 11 of 15 Council Member Picht excused himself from the table at this time. Dallas Rice Mr. Dallas Rice, 3500 House Anderson Road, appeared before Council in support of the zoning change. He stated that the development would enhance the area and requested Council's favorable consideration. Council Member Moss advised Council that, if action was not taken on this case at this time, the property would probably revert back to industrial use, and they would lose out on a good opportunity for the community. Mr. Hopkins stated that a one-week delay would probably cause the cancellation of the development. He added that a 45-day oversight by staff resulted in this zoning case having to be rushed through at this time. Council Member Picht assumed his chair. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the application of Alliance Holdings, Inc. and 011ie and Flora Parker for a change in zoning of property located in the 11500 block of Trinity Boulevard from "K" Heavy Industrial and "AG" Agricultural to "AR" One-Family Restricted, Zoning Docket No. ZC-04-010, be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, and Stevenson NOES: Council Members Haskin and Davis ABSENT: None ZC-04-017 Council Member Picht made a motion, seconded by Council Approved Member Silcox, that the application of Carol Johnson Daniels for a change in zoning of property located in the 4300 block of North Crowley Cleburne Road from "AG" Agricultural to "A-5" One- Family, Zoning Docket No. ZC-04-017, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 12 of 15 ZC-04-022 Council Member Lane made a motion, seconded by Council SP-04-006 Member Davis, that the application of Environmental Management Approved Department, Solid Waste Division for a change in zoning of property located at 2500 Brennan Avenue from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for the collection and disposal of large, non-hazardous household waste, Zoning Docket No. ZC-03-022 and Site Plan No. SP-04-006, be approved. The motion carried unanimously. ZC-04-026 Council Member Davis made a motion, seconded by Council Continued Until Member Haskin, that the application of Gerald P. Gumbert for a March 11, 2004 change in zoning of property located at 2440 Lofton Terrace from "A-5" One-Family to "A-5/HC" One-Family/Historic and Cultural Landmark, Zoning Docket No. ZC-04-026, be continued until March 11, 2004. The motion carried unanimously. ZC-03-309 It appeared that the City Council, at its meeting of February 10, Continued for 2004, continued the hearing of the application of Timberwood, Inc. One Week for a change in zoning of property located in the 9000 block of Racquet Club and 800 block of Clay Court Circle from "F" General Commercial and "CR" Low Density Multifamily to "AR" One-Family Restricted, Zoning Docket No. ZC-03-309. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Timberwood, Inc., Council Member Haskin made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-03-309 be continued for one week. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Haskin made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 13 of 15 ORDINANCE NO. 15881 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 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. Citizen Ms. Sue Ann Slay, 2320 Oakland Boulevard, appeared before Presentations Council relative to brush and bulky waste pick up. She stated that Sue Ann Slay the current system was not working in low-income areas and that when she made inquiries to the City she was given conflicting information and was treated rudely. Mayor Moncrief asked Ms. Slay to provide the City with a listing of the times she had called the City and whom she spoke with, if available. He assured her that there were policies in place to address her concerns. City Manager Jackson requested Ms. Slay to meet with Assistant City Manager Libby Watson and Environmental Management Director Brian Boerner to resolve her concerns, and stated that customer service was important to the City and would encourage her to provide information relative to unacceptable performance of City employees. Richard Vickers Mr. Richard Vickers appeared before Council relative to Council Member Picht's article in the Fort Worth Star-Telegram last weekend relating to group homes. He expressed concern with inhibiting individuals with disabilities from living a productive life. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 14 of 15 Council Member Picht stated that his article was to bring awareness to regulatory issues relative to the legal population limits of group homes. Executive It was the consensus of the City Council that they recess into 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) Kari Mercer v. Charlie Brown and the City of Fort Worth, Cause No. 141-198857-03; b) Legal issues concerning the Benefits Review Committee hearing for Lisa Ramsey; c) Legal issues concerning annexation; d) Legal issues concerning the Board of Adjustment and the proposed zoning ordinance text amendment regulating fences; e) Legal issues concerning the solid waste collection contracts; f) Legal issues concerning Zoning Docket No. ZC-03-284 and SP-03-047, Waste Management of Texas, Inc., 3700 block of Linkcrest Drive; g) 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 CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2004 PAGE 15 of 15 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. 5. Deliberate concerning the annual performance evaluations of the following City Council-appointed officials: (a) City Manager (b) City Attorney (c) City Secretary (d) City Auditor in accordance with Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 4:45 p.m. Adjournment There being no further business, the meeting was adjourned at 4:45 p.m. CITY S R TARY IM Y40