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HomeMy WebLinkAbout2004/04/27-Minutes-City Council CITY COUNCIL MEETING APRIL 27, 2004 Date & Time On the 27th day of April, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:04 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 Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; Deputy City Attorney Gerald Pruitt; Acting City Secretary Sylvia Glover. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Associate Pastor Jonathan Curtis, Handley Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Silcox, the minutes of the regular meeting of April 20, 2004, were approved unanimously. Special Council Member Haskin presented a Proclamation for Arbor Day. Presentations Mr. Courtney Blevins, Regional Forester, presented the City with its 25th consecutive Tree City USA banner. Council Member Davis presented a Proclamation for Youth Alcohol Awareness Month. Announcements City Manager Jackson stated that this week's agenda did not include an item to amend the Building Code relative to non-metallic electrical wiring. He added that staff was in the process of doing some benchmarking and analysis as well as consolidating recommendations from the Chief Building Official and Fire Marshal into one recommendation from City management. He further stated that staff anticipated preparing an item for the May 4, 2004 agenda. Council Member Lane stated that the Fort Worth Cats would play an exhibition game April 29, 2004 at 6:30 p.m. at La Grave Field and encouraged everyone to support the team. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. C-20046 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 2 of 16 Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. C-20046 be withdrawn. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Lane made a motion, seconded by Council Member Haskin, that Ella Louise Milliner be appointed to Place 2 on the Fort Worth Commission for Women effective April 27, 2004, and with a term expiring October 1, 2004. The motion carried unanimously. C.P. #243 There was presented Council Proposal No. 243 proposing that the Increase Over 65 City Council adopt an ordinance increasing the Residential and Disabled Ad Homestead Exemption from Ad Valorem Taxes for disabled Valorem Tax persons and persons 65 years of age or older. Exemptions Council Member Picht clarified inaccuracies in a Fort Worth Star- Telegram article relative to this proposal. Several Council Members expressed concern with the impact this exemption would have by shifting the burden to other taxpayers in Fort Worth. They stated that although the proposal was a very honorable thought, it was not the right financial decision at this time based on the City's $6 million budget shortfall. It was suggested that it be proposed during the next fiscal year budget to see if the proposal was laudible at that time. Cyrus Francis Mr. Cyrus Francis, 2104 Bettibart Street, appeared before Council in support of the Council Proposal. Council Member Picht made a motion that the Council Proposal be adopted. The motion failed for lack of a second. Ord. #15961 There was presented Ordinance No. 15961 approving the Thirty- Thirty-Ninth Ninth Supplemental Concurrent Bond Ordinance authorizing Supplemental Dallas/Fort Worth (DFW) International Airport Joint Revenue Concurrent Auction Rate Refunding Bonds, Series 2004A, in a maximum Bond Ordinance aggregate principal amount of $130,000,000.00 for lawful purposes, Authorizing providing the security therefore, providing for the sale, execution D/FW Int'I and delivery thereto subject to certain parameters; and providing Airport Joint other terms, provisions and covenants with respect thereto. Mayor Rev. Auction Pro tempore McCloud made a motion, seconded by Council Rate Refunding Member Lane, that the recommendation be adopted. The motion Bonds, Series carried unanimously. 2004A CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 3 of 16 Ord. #15962 There was presented Ordinance No. 15962 approving the Fortieth Fortieth Supplemental Concurrent Bond Ordinance authorizing Dallas/Fort Supplemental Worth (D/FW) International Airport Joint Revenue Improvement Concurrent Bonds, Series 2004B in a maximum aggregate principal amount of Bond Ordinance $207,000,000.00 for lawful purposes; providing the security authorizing therefore; providing for the sale, execution and delivery thereof D/FW Int'I subject to certain parameters; approving amendments to the Airport Joint Airport's Capital Development Program; and providing other terms, Revenue provisions and covenants with respect thereto. Mayor Pro tempore Improvement McCloud made a motion, seconded by Council Member Stevenson, Bonds, Series that the recommendation be adopted. The motion carried 2004B unanimously. OCS-1414 There was presented Mayor and Council Communication No. OCS- Claims 1414 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. G-14281 There was presented Mayor and Council Communication No. G- Continued for 14281, dated March 30, 2004, from the City Manager recommending One Week that the City Council adopt an ordinance amending City Ordinance No. 14234 as amended by Ordinance 14963, by increasing from twenty-five (25) to fifty (50) the number of taxicabs which Cowboy Cab Company is authorized to operate upon the public streets, alleys and thoroughfares of the City; providing that the findings and recitations contained in the preamble are the findings of the City Council; providing for written acceptance of this ordinance by Cowboy Cab Company. Council Member Silcox stated that this item would be discussed at today's Public Safety Committee meeting and made a motion, seconded by Council Member Stevenson, that the recommendation be continued for one week. The motion carried unanimously. G-14342 There was presented Mayor and Council Communication No. G- Res. #3071 14342 from the City Manager recommending that the City Council Increase the adopt Resolution No. 3071 authorization to increase the maximum Maximum amount to be paid to Steve Howell of Howell, Dorman, Loyd and Amount to be Sams for the representation of Officer Rebecca Moore in the Paid to Steve lawsuit entitled Georgia Thomas v. City of Fort Worth and Rebecca Howell of Lea Moore, not to exceed $60,000.00. It was the consensus of the Howell, Dorman, City Council that the recommendation be adopted. Loyd and Sams CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 4 of 16 G-14343 There was presented Mayor and Council Communication No. G- Ord. #15963 14343 from the City Manager recommending that the City Council Bohemian consider and adopt the findings and opinions of the City staff as Limousine's presented herein; and find that the public necessity and Application to convenience requires the operation of three (3) limousines upon Operate Three the city streets, alleys and thoroughfares; and adopt Ordinance No. Limousines 15963 granting to Bohemian Limousine, Sole Proprietorship, the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of three limousines for a period beginning May 10, 2004, and ending May 9, 2009; specifying the terms and conditions of the grant; providing for written acceptance by Bohemian Limousine, Sole Proprietorship. It was the consensus of the City Council that the recommendation be adopted. G-14344 There was presented Mayor and Council Communication No. G- Release of 14344 from the City Manager recommending that the City Council Preliminary authorize City staff to release the Preliminary Project and Project and Financing Plan related to the proposed Lone Star/Cabela's Tax Financing Plan Increment Reinvestment Zone (TIF) in order to allow affected taxing for Lone Star/ units to initiate the legal process for designation of that TIF. Cabela's Tax Council Member Lane made a motion, seconded by Council Increment Member Moss, that the recommendation be adopted. The motion Reinvestment carried by the following vote: Zone AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None P-9940 There was presented Mayor and Council Communication No. P- Police Uniforms, 9940, dated April 13, 2004, from the City Manager recommending Clothing, and that the City Council authorize a purchase agreement with multiple Equipment vendors for Police uniforms, clothing, and equipment for the Police Department based on overall low bids meeting specifications with payment due thirty days from the date of the invoice; and authorize this agreement to begin April 13, 2004, and expire April 12, 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". CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 5 of 16 Council Member Davis expressed concern that only two uniforms satisfy the requirements in terms of flexibility of fabric, durability, etc. She stated that these two fabric companies were represented by only one vendor, who had become a sole source supplier. She asked staff to work with the fabric companies to broaden the list of distributors to obtain more competitive bids. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. P-9949 There was presented Mayor and Council Communication No. P- Refurbished 9949 from the City Manager recommending that the City Council Toner Cartridges authorize a purchase agreement with Interco International for refurbished toner cartridges for the City of Fort Worth based on overall low bid meeting specifications with shipping included in unit price and payment due 30 days from the date of invoice; and authorize this agreement to begin April 27, 2004, and expire April 26, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9950 There was presented Mayor and Council Communication No. P- High Voltage 9950 from the City Manager recommending that the City Council Equipment authorize a purchase agreement for High Voltage Equipment Service Service for the Water Department based on the low bid received with payments due 30 days after receipt; and authorize this agreement to begin April 27, 2004 and expire April 26, 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. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 6 of 16 P-9951 There was presented Mayor and Council Communication No. P- WesTech 9951 from the City Manager recommending that the City Council Clarifier Drive authorize a purchase agreement for WesTech clarifier drive units Units replacement parts and repair services with WesTech Engineering, Replacement Inc. for the Water Department based on a sole source procurement, Parts and Repair from the Manufacturer's list prices, with shipping costs prepaid Services and added to the invoice, and payment due 30 days from the date of the invoice; and authorize this agreement to begin April 20, 2004 and expire April 19, 2005, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entitles 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-9952 There was presented Mayor and Council Communication No. P- Moving Services 9952 from the City Manager recommending that the City Council authorize a purchase agreement for moving services with primary and secondary vendors from Tarrant County Bid 2002-071 for the City of Fort Worth with payments due 30 days from date the invoice is received; and the primary award for moving services shall be All Points Pioneer, Inc. and the secondary award shall be Craddock Moving and Storage; and this agreement to begin April 26, 2004, and expire on April 25, 2005, with an option to renew for one additional year. It was the consensus of the City Council that the recommendation be adopted. P-9953 There was presented Mayor and Council Communication No. P- Pagers and 9953 from the City Manager recommending that the City Council Pager Service authorize a purchase agreement for the rental of pagers and the use of paging service with Arch Wireless Inc., using the State of Texas Department of Information Resources contract; and authorize this agreement to begin May 1, 2004, and expire April 30, 2005, with options to renew for the next two consecutive years. It was the consensus of the City Council that the recommendation be adopted. L-13814 There was presented Mayor and Council Communication No. L- Water Line 13814 from the City Manager recommending that the City Council Easements approve the acceptance of two permanent water line easements described as A-906, M.E.P. & P.R.R, Company Survey, Tarrant County, Texas from Oncor Electric Company and Terra/Chadwick, Ltd. located south of Litsey Road, east of IH 35W (DOE 3965), needed for future development of Seventeen Lakes Addition, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 7 of 16 C-20010 There was presented Mayor and Council Communication No. C- Continued for 20010, dated March 23, 2004, from the City Manager recommending One Week that the City Council adopt an appropriation ordinance increasing appropriations in the Solid Waste Fund in the amount of $1,720,000.00 and decreasing the unreserved retained earnings by the same amount, for the purpose of transferring said funds to the Solid Waste Capital Improvements Fund; and authorize the transfer of $1,720,000.00 from the Solid Waste Fund to the Solid Waste Capital Improvements Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Solid Waste Capital Improvements Fund by $1,720,000.00 from available funds, for the purpose of funding an agreement with AUI Contractors for the design and construction of two citizen drop off stations; and approve the execution of a Design/Build Agreement AUI Contractors, L.P. for two Citizen Drop Off Stations for a total cost not to exceed $1,500,000.00. Council Member Silcox stated that the Ad Hoc Committee on Solid Waste Management would meet April 28, 2004 to discuss this issue and made a motion, seconded by Council Member Haskin, that the recommendation be continued for one week. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: None C-20039 There was presented Mayor and Council Communication No. C- Energy Alliance 20039 from the City Manager recommending that the City Council Pipeline, LP authorize the City Manager to execute a Public Right-of-Way Use Agreement with Energy Alliance Pipeline, LP (Energy Alliance) that grants Energy Alliance a license to use certain streets and other public right-of-way, of the City of Fort Worth, for the purpose of constructing, maintaining and operating a natural gas gathering system. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 8 of 16 C-20040 There was presented Mayor and Council Communication No. C- West Fork 20040 from the City Manager recommending that the City Council Pipeline authorize the City Manager to execute a Public Right-of-Way Use Company, LP Agreement with West Fork Pipeline Company, LP (West Fork) that grants West Fork license to use certain streets and other public right-of-way, of the City of Fort Worth, for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20041 There was presented Mayor and Council Communication No. C- City of Watauga 20041 from the City Manager recommending that the City Council and Texas authorize the City Manager to enter into an Interlocal Agreement Christian with the City of Watauga for participation in the City of Fort Worth's University two-way radio communication system; and authorize the City Manager to enter into an agreement with Texas Christian University for participation in the City of Fort Worth's two-way radio communication system. It was the consensus of the City Council that the recommendation be adopted. C-20042 There was presented Mayor and Council Communication No. C- A.N.A. 20042 from the City Manager recommending that the City Council Consultants, authorize the City Manager to execute an engineering agreement L.L.C. with A.N.A. Consultants, L.L.C., in the amount of $34,173.00 for pavement reconstruction and water main replacement on Belle Place, from Camp Bowie Boulevard to Clarke Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20043 There was presented Mayor and Council Communication No. C- Black and 20043 from the City Manager recommending that the City Council Veatch authorize the City Manager to execute an engineering agreement Corporation with Black and Veatch Corporation in the amount of $367,935.00 for the design of water and sanitary sewer extensions to serve the Tejas Trails Addition. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 9 of 16 C-20044 There was presented Mayor and Council Communication No. C- Ord. #15964 20044 from the City Manager recommending that the City Council Eagle approve the transfer of $25,057.00 from undesignated funds in the Construction Environmental Management Fund to the Evans and Rosedale and Cultural District Lead Remediation Project in the Environmental Environmental Management Project Fund; and adopt Appropriation Ordinance No. Services, L.P. 15964 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $25,057.00 from available funds, for the purpose of funding an amendment to City Secretary Contract No. 29472 with Eagle Construction and Environmental Services, L.P. for the Evans and Rosedale Cultural District Lead Remediation Project; and authorize the City Manager to execute a contract amendment to City Secretary Contract No. 29472 with Eagle Construction and Environmental Services, L.P. for additional work in connection with removal of lead contaminated soil in the Evans and Rosedale Cultural District area. The contract amendment amount is $25,056.60. The not-to-exceed amount of the contract will be $128,584.00. It was the consensus of the City Council that the recommendation be adopted. C-20045 There was presented Mayor and Council Communication No. C- William 20045 from the City Manager recommending that the City Council Stephens authorize the City Manager to execute a Terminal Building Office Lease agreement for Suite "B" with Badger Aviation, Inc. at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. C-20046 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20046, Authorize Lease for the Right of First Refusal for Unimproved Ground at Fort Worth Meacham International Airport, be withdrawn. C-20047 There was presented Mayor and Council Communication No. C- J&J Sprinkler 20047 from the City Manager recommending that the City Council and Landscape authorize the City Manager to execute a contract with J&J Sprinkler Inc. and Landscape, Inc. in the amount of $73,744.50 for Playground Renovations at Morningside Park. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 10 of 16 C-20048 There was presented Mayor and Council Communication No. C- Ord. #15965 20048 from the City Manager recommending that the City Council Town of approve Joint Ordinance No. 15965 and Boundary Agreement with Edgecliff Village the Town of Edgecliff Village in connection with the Villages of Edgecliff Development project; and authorize the Mayor to execute the Joint Ordinance and Boundary Agreement. Council Member Picht made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20049 There was presented Mayor and Council Communication No. C- Modern 20049 from the City Manager recommending that the City Council Contractors, Inc. authorize the City Manager to execute a Construction Contract with Modern Contractors, Inc. in the amount of $415,000.00 for a 4,500 square foot addition to the Roseland Theater Annex, 1442 N. Main, to serve as additional dressing room, office and rehearsal space. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Council Member Lane expressed appreciation to Assistant City Manager Joe Paniagua for all his work on the Roseland Theater and encouraged everyone to attend one of the performances. ZC-04-040 It appeared that the City Council, at its meeting of April 20, 2004, SP-04-011 continued the hearing of the application of City of Fort Worth Continued for Environmental Management Department for a change in zoning of One Week property located at 5100 Martin Luther King Freeway from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for citizen drop off station for collection of large non-hazardous household waste, Zoning Docket No. ZC-04-040 and Site Plan No. SP-04-011. 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 City of Fort Worth Environmental Management Department, Council Member Silcox made a motion, seconded by Council Member Lane, that Zoning Docket No. ZC-04-040 and Site Plan No. SP-04-011 be continued for one week. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 11 of 16 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Haskin Stevenson, and Davis NOES: Council Member Picht ABSENT: None ZC-04-042 It appeared that the City Council, at its meeting of April 13, 2004, SP-04-012 continued the hearing of the application of The Assured Group for Approved a change in zoning of property located in the 7700 and 7800 blocks of Ederville Road from "E" Neighborhood Commercial to "AR" One-Family Restricted and PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus indoor amusements, bowling alley, hotel, motel, burglary alarm sales and service, express office, leather goods shop and mini-warehouses and sales of alcoholic beverages for off-premises consumption prohibited, Zoning Docket No. ZC-04-042 and Site Plan No. SP-04- 012. Mayor Moncrief asked if there was anyone present desiring to be heard. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard #406, representing The Assured Group, appeared before Council in support of the zoning change. He provided a brief summary of the site plan and requested Council's favorable consideration. Louis McBee Mr. Louis McBee, 1500 Oak Cliff Road, appeared before Council in support of the zoning change. Council Member Haskin inquired if the Parks and Community Services Department had evaluated the area to be dedicated as parkland to ascertain if it would be in the flood plain. Mr. Randle Harwood, representing the Parks and Community Services Department, stated that staff had reviewed the area but that a detailed analysis had not been accomplished. There being no one else present desiring to be heard in connection with the application of The Assured Group, Council Member Moss made a motion, seconded by Council Member Picht, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-042 and Site Plan No. SP-04-012 be approved with the following amendment. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 12 of 16 That the seven acres be zoned "PD" Planned Development for open space and recreational purposes permitting all uses in the "E" Commercial Zoning District with the exception of alcohol beverages for "off premises consumption", in addition to the following uses: 1. Indoor amusements 2. Burglar Alarm sales and service 3. Express Office 4. Leather Goods Shop 5. Mini-warehouses The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None 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 April 9, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-04-069 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of Dale Boaz for a change in zoning of property located in the 12500 — 12600 blocks of Willow Springs Road from "AG" Agricultural to "A-7.5" One-Family and "I" Light Industrial, Zoning Docket No. ZC-04-069, be approved. The motion carried unanimously. ZC-04-070 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Dick Elkins for a change in zoning of property located in the 12300 — 12400 blocks of Willow Springs Road from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. ZC-04-070, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 13 of 16 ZC-04-071 Council Member Stevenson made a motion, seconded by Council Continued for Member Davis, that the application of Todd Group for a change in One Week zoning of property located in the 9400-9500 blocks of Wagley Robertson Road from "AG" Agricultural to "A-5" One Family, Zoning Docket No. ZC-04-071, be continued for one week. The motion carried unanimously. ZC-04-076A Council Member Stevenson made a motion, seconded by Council Continued for Member Davis, that the application of City of Fort Worth Planning One Week Department for a change in zoning of property located along US Hwy 287 north of Bailey Boswell Road and south of Avondale Haslet 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-04-076A, be continued for one week. The motion carried unanimously. 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 Stevenson made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15966 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. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 14 of 16 Citizen Mr. Robert Logan, 8413 Bellchase Drive, Apt. #1810, appeared Presentations before Council relative to apartment complex managers having Robert Logan privately owned vehicles with expired inspection stickers towed. City Manager Jackson asked that staff investigate this issue and provide a response back to Council and Mr. Logan. He added that this could be a private civil matter and that Council would be advised. Eunice Givens Ms. Eunice Givens, 5500 Stafford Drive, appeared before Council and asked their assistance on limiting back-to-back events on Main Street. She stated that streets were blocked off for a few days before the events, which created a hardship for business owners in the area. She added that the increase in parking meter rates would also have a negative impact on these businesses. Daisy Brannon Ms. Daisy Brannon, 1509 Danciger Drive, appeared before Council relative to garbage collection and waste management. She informed Council of the difficulty she and other elderly citizens had transporting the large green containers to and from the curb. She added that her trash was no longer picked up from her backyard since the new contract was signed and asked for Council's assistance in resolving this issue. Mayor Moncrief stated that her trash should continue to be picked up from her backyard as that service was part of the current contract. He asked Ms. Brannon to meet with Brian Boerner, Environmental Management Department Director, to address her concerns. Edward Drew Mr. Edward Drew, 3800 Barnett Street, appeared before Council relative to the location of the Day Labor Center and the need of work for individuals willing to work. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:28 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) Michael Moreno et al. v. City of Fort Worth, et al., Civil Action No: 4-03-CV-0369-A; CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 15 of 16 b) Shonna Bertlesman, Benjamin E. Brackett, Kyle R. Clay, Edward J. Fishman, Raithby Huster, David W. Jones, Paul Lutz, Kody D. Martin, Jayson Morris, James D. Nored, Joe Salazar, John G. Sims, Jr., and Larry Tompkins, Jr., v. the City of Fort Worth, Texas, Cause No. 141-194976-02; c) Norman Marquez, et al v. MHMR of Tarrant County, City of Fort Worth, et al., Cause No. 352-201587-03; d) Fort Worth & Western Railroad Co. v. City of Fort Worth, Cause No. 4-03CV-139-Y; e) Legal issues concerning the regulation of community and group homes; f) Legal issues and report on Building Standards Commission Appeals Board; g) Legal issues concerning Waste Management of Texas, Inc. property at the 3700 block of Linkcrest Drive; h) Legal issues concerning the regulation of sexually oriented businesses; i) Legal issues related to City Secretary Contract No. 29021, Playground Renovations at Carter North, Martin Luther King and Pate Parks; j) 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. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 2004 PAGE 16 of 16 Reconvened The City Council reconvened into regular session at 12:12 p.m. Adjournment There being no further business, the meeting was adjourned at 12:12 p.m. Pl�CI SECRETARY MAYOR