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HomeMy WebLinkAbout2004/05/25-Minutes-City Council CITY COUNCIL MEETING MAY 25, 2004 Date & Time On the 25th day of May, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:09 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, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Acting City Secretary Sylvia Glover. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Assistant City Attorney Matthew Wallis, Law Department. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Stevenson, the minutes of the regular meeting of May 18, 2004, were approved unanimously. Special Council Member Picht presented a Proclamation for World War II Presentations Veterans Remembrance and Memorial Day. Council Member Davis presented a Proclamation for Pro Tennis Week. Council Member Moss presented a Proclamation for Homeownership Month. Mr. Jerome Walker, Housing Department Director, informed Council that a Homeowner's Summit would be held June 10, 2004 from 8:30 a.m. to 5:00 p.m. at the Botanic Garden. He added that additional information on the summit could be obtained by calling (817) 392-7509. Council Member Silcox requested that City Manager Jackson ensure information on the summit was provided in the City Page. Res. #3085 Sylvia Glover, Acting City Secretary, advised the City Council that Canvass Returns the official count of the District 5 Special Election held on May 15, and Declaration 2004 was completed on May 24, 2004 and that after a tabulation of of Results of votes cast for each candidate in each precinct, it appeared that no District 5 Special candidate received a majority of all votes cast for all candidates Election held on for District 5, as follows: May 15, 2004 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 2 of 15 RETURNS OF THE DISTRICT 5 SPECIAL ELECTION MAY 15, 2004 CANDIDATE VOTES RECEIVED PERCENT Frank Moss 770 47.59 Donavan Wheatfall 368 22.74 Sharon Armstrong 91 5.62 Rickie Clark 295 18.23 Lyddia Sheppard- 94 5.81 Antwine Council Member Davis made a motion, seconded by Council Member Silcox, that the City Council adopt Resolution No. 3085 canvassing the returns and declaring the results of the Special City Council Election for District 5 held on May 15, 2004, for the purpose of electing a Council Member. The resolution was adopted unanimously. Ord. #15986 There was presented Ordinance No. 15986 ordering a Runoff Calling for June Election to be held in the City of Fort Worth on June 19, 2004, for 19, 2004 Run-Off the purpose of electing a City Council Member for City Council Election District 5 to serve the remainder of an unexpired term. Council Member Davis made a motion, seconded by Council Member Silcox, that the ordinance be adopted. Announcements Council Member Silcox stated that it was the season for mowing lawns and advised the viewing and listening audience that depositing grass clippings or leaves onto public streets was prohibited by City ordinance. He added that private contractors and citizens could receive up to a $2,000.00 fine for violating the ordinance. Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication Nos. G-14370 and C-20088 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-14362 be continued for one week. Staff Consent Agenda On motion of Council Member Moss, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 3 of 15 Appointments Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, to appoint Jefferson Davis, Jr. to the Board of Adjustment and Fort Worth Alliance Board of Adjustment, effective May 25, 2004 and with a term expiring October 1, 2005. The motion carried unanimously. Council Member Haskin stated that the Government and Neighborhood Relations Committee would not meet in June. She added that the committee still had two openings that could be considered at the July meeting and she would be sending a letter to each Council Member outlining the qualifications. Mayor Moncrief exercised executive privilege and stated that Item XII(3) on the agenda would be heard at this time. Res. #3086 There was presented Resolution No. 3086 canceling the regularly Cancel Regularly scheduled City Council meeting of June 1, 2004. Council Member Scheduled City Stevenson made a motion, seconded by Council Member Davis, Council Meeting that the resolution be adopted. of June 1, 2004 Submit Property There was presented a resolution authorizing the Historic for Historic & Preservation Officer to submit to the Historic and Cultural Cultural Landmarks Commission the nomination of property located at Landmark 1604 Eighth Avenue for Historic and Cultural Landmark Overlay Overlay Zoning Zoning Designation. Designation — Continued for Council Member Davis summarized efforts that had been taken Two Weeks thus far relative to entering into an agreement with Child Care Clayton to relocate the old Ronald McDonald House. She stated that a public hearing would be held June 1, 2004 at 7:00 p.m. at DeZavala Elementary School to receive input specifically from the Mistletoe Heights, Fairmount, Berkley, and Ryan Place neighborhoods. She made a motion, seconded by Council Member Silcox, that the resolution be continued for two weeks. The motion carried unanimously. Reconsider City Manager Jackson requested that Item X be reconsidered at Continued/ this time relative to the continuation of Mayor and Council Withdrawn By Communication No. G-14362 for one week. He stated that since Staff the June 1, 2004 City Council meeting had been canceled, the M&C would need to be continued for two weeks. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 4 of 15 Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 14362, be continued for two weeks. The motion carried unanimously. Announcements Council Member Haskin announced that on May 27, 2004 at 7:00 p.m. at the Woodhaven Country Club, the Fort Worth Housing Department would conduct a meeting for the Woodhaven and White Hills Lake neighborhoods for a Senior Citizen Market Rate Complex that the City was developing. She added that anyone interested could attend the meeting and for additional information to contact her office at (817) 392-8804 or the Housing Department. OCS-1420 There was presented Mayor and Council Communication No. OCS- Claims 1420 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-14362 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-14362, dated May 18, 2004, a Resolution Two Weeks Authorizing the Historic Preservation Officer to Submit to the Historic and Cultural Landmarks Commission the Nomination of Property Located at 1604 Eighth Avenue for Historic and Cultural Landmark Overlay Zoning Designation, be continued for two weeks. G-14366 There was presented Mayor and Council Communication No. G- Ord. #15987 14366 from the City Manager recommending that the City Council American Dream authorize the City Manager to accept an amendment to the HOME Downpayment grant from the U.S. Department of Housing and Urban Initiative Development in the amount of $413,482.00 for the American Dream Allocation Downpayment Initiative (ADDI) allocation to the City of Fort Worth; and adopt Appropriation Ordinance No. 15987 increasing estimated receipts and appropriations in the Grants Fund in the amount of $413,482.00 subject to execution of the amended Home Grant from the U.S. Department of Housing and Urban Development for the purpose of funding the American Dream Downpayment Initiative Allocation to the City of Fort Worth; and amend the City's FY 2003 and 2004 HOME budget; and amend the City's Consolidated Plan for FY 2003 and FY 2004 to reflect the addition of ADDI funds and activities and modification to the HOME budget for the same fiscal years. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 5 of 15 G-14367 There was presented Mayor and Council Communication No. G- Ord. #15988 14367 from the City Manager recommending that the City Council Extend adopt Ordinance No. 15988 extending a moratorium on acceptance Moratorium for of applications for specialized certificates of occupancy and other Specialized permits for sexually oriented businesses from June 1, 2004 to July Certificates of 30, 2004. It was the consensus of the City Council that the Occupancy and recommendation be adopted. Permits for SOB's G-14368 There was presented Mayor and Council Communication No. G- Res. #3087 14368 from the City Manager recommending that the City Council File Nuisance authorize the City Attorney to file a nuisance abatement lawsuit Abatement pursuant to Chapter 125 of the Texas Practice and Remedies Code Lawsuit Against against the Apartments of Oak Hollow FW LP, the owner of the real Owner of Oak property, located at 5901 Boca Raton Blvd. The apartments Hollow located at that address are an alleged common nuisance under the Apartments at law because they are habitually used for criminal activity, as 5901 Boca Raton defined in Chapter 125 of the Texas Civil Practice and Remedies Blvd. Code. This is evidenced by the criminal violations and the final convictions that have occurred on the subject property; and adopt Resolution No. 3087 authorizing the City Attorney to file a lawsuit to abate the common nuisance at the Oak Hollow Apartments located at 5901 Boca Raton Blvd. It was the consensus of the City Council that the recommendation be adopted. G-14369 There was presented Mayor and Council Communication No. G- Ord. #15989 14369 from the City Manager recommending that the City Council: Grant Applications to 1. Authorize the City Manager to submit the following grant North Central applications to the North Central Texas Council of Texas Council of Governments (NCTCOG) for the purpose of funding Governments projects in the Environmental Management Department in the following amounts: a. Hispanic Regional Outreach for Illegal Dumping - $96,400.00; b. Multi-Family Recycling Feasibility Study - $75,000.00; c. "Operation Clean Sweep" Litter and Illegal Dumping Cleanup - $65,000.00 d. Illegal Dumping Support Materials - $25,000.00 2. Authorize the City Manager to accept and execute the NCTCOG grant contracts, if awarded; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 6 of 15 3. Authorize the use of $17,466.00, $3,893.00 and $527.00 for in-kind personnel services, respectively, from the Solid Waste, Environmental Management and General Funds as matching funds for these grants and $500.00 for a cash match from the Solid Waste Fund; and 4. Adopt Appropriation Ordinance No. 15989 increasing estimated receipts and appropriations in the Grants Fund in an amount up to $283,286.00, subject to receipt of grants from the North Central Texas Council of Governments, for the purpose of funding the following projects for the Education Division of Environmental Management: Hispanic Regional Outreach for Illegal Dumping, Multi- family Recycling Feasibility Study, "Operation Clean Sweep" Litter and Illegal Dumping Cleanup, and Illegal Dumping Support Materials. It was the consensus of the City Council that the recommendation be adopted. G-14370 There was presented Mayor and Council Communication No. G- Res. #3088 14370 from the City Manager recommending that the City Council Res. #3089 adopt Resolution No. 3088 authorizing the City of Fort Worth to Authorize Formal participate in a coalition of cities as part of a formal hearing Hearing Process process against Charter Communications in the assessment of or Other Cause liquidated damages and such other related causes of actions as of Action Against the Steering Committee of the Coalition may direct; and adopt Charter Resolution No. 3089 authorizing the City Attorney to retain the Law Communications, Firm of Cantey & Hanger for assistance in a formal administrative Inc. hearing and other potential related causes of action against Charter Communications regarding violations of certain customer service standards set forth in the Cable Franchise Granted to Charter Communications; and authorize payment of $67,471.00 before May 21, 2004 to the Treasurer of the "Cable Consortium Steering Committee for Liquidated Damages"; and authorize additional funds of $33,736.00 for possible extended legal action, for a maximum amount of $101,207.00 for outside legal and consulting services. Council Member Silcox advised Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 7 of 15 Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G- 14370 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Stevenson, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Silcox Public Hearing It appeared that the City Council set today as the date for a public hearing on amending the Code of the City of Fort Worth, Chapter 34, Article V, Wreckers. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Gary Steinberger, representing the Law Department, appeared before Council, gave a staff report, called attention to Mayor and Council No. G-14371 as follows: G-14371 There was presented Mayor and Council Communication No. G- Continued for 14371 from the City Manager recommending that the City Council Three Weeks conduct a public hearing on maximum non-consent tow rates and allow the public the opportunity to give testimony and present written evidence thereon; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by amending Section 34-180(b) to Chapter 34, Vehicles for Hire; by amending Section 34-180(d); by amending Section 34-180.1(d)(3); by amending Section 34-180.1(d) by adding a subsection (5) providing for a severability clause. The following individuals appeared before Council in opposition of the ordinance. They expressed concern that the study by conducted Maximus did not accurately reflect all costs associated by the towing companies and asked that Council additional further information. Tommy Bower, Mr. Tommy Bower 4401 Carey St. Grey Pierson, Mr. Grey Pierson 301 W. Abram, Arlington, TX Dale Boisso Mr. Dale E. Boisso 230 Wellington Rd., Irving, TX CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 8 of 15 There being no one else present desiring to be heard at the public hearing amending the Code of the City of Fort Worth, Chapter 34, Article V, Wreckers, Council Member Stevenson made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-14371 be continued for three weeks. The motion carried unanimously. P-9959 There was presented Mayor and Council Communication No. P- Fibar Engineered 9959 from the City Manager recommending that the City Council Wood Fiber authorize a purchase agreement for Fibar engineered wood fiber for playgrounds with Game Time by Southwest Parks and Playgrounds through Texas Procurement Center for the Parks and Community Services Department; and authorize this agreement to begin May 25, 2004, and expire May 24, 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-9960 There was presented Mayor and Council Communication No. P- Polyvinyl 9960 from the City Manager recommending that the City Council Chloride Water authorize a purchase agreement with multiple vendors for and Sewer Pipe polyvinyl chloride water and sewer pipe for the Water Department based on the low bid of unit prices. The shipping cost is included to receiving point with payment due 30 days from the date of the invoice; and authorize this agreement to begin May 25, 2004, and expire May 24, 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-9961 There was presented Mayor and Council Communication No. P- Summer Food 9961 from the City Manager recommending that the City Council Program authorize a purchase agreement with Regal Food Service, Inc. to provide lunch and snack meals for the summer food program for the Parks and Community Services Department based on the low bid meeting specifications with payment due 30 days after receipt of invoice; and authorize this agreement to begin June 7, 2004, and expire August 13, 2004. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 9 of 15 P-9962 There was presented Mayor and Council Communication No. P- Flygt Pumps, 9962 from the City Manager recommending that the City Council Parts and Repair authorize a purchase agreement for Flygt pumps, parts and repair Service service with ITT Flygt Corporation for the Water Department based on a sole source procurement from the Manufacturer's list prices, with shipping costs prepaid and added to the invoice, and payment due 30 days from the date of the invoice; and authorize this agreement to begin June 1, 2004, and expire May 31, 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 purchase agreement 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-9963 There was presented Mayor and Council Communication No. P- Moyno Pumps, 9963 from the City Manager recommending that the City Council Repair Parts and authorize a purchase agreement for Moyno pumps, repair parts Replating of and replating of rotors with Moyno, Inc. for the Water Department Rotors based on a sole source procurement from the Manufacturer's list prices less 45 percent discount. The shipping costs will be prepaid and added to the invoice and payment due 30 days from the date of the invoice; and authorize this agreement to begin June 1, 2004, and expire May 31, 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 purchase agreement 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. L-13832 There was presented Mayor and Council Communication No. L- Permanent Gas 13832 from the City Manager recommending that the City Council Pipeline authorize the City Manager to convey one permanent gas pipeline Easement and easement and one temporary construction easement described as Temporary part of David Odum Survey, located on city property to Antero Construction Resources Pipeline, LP, needed to construct, maintain and operate Easement a 10-inch underground natural gas pipeline (DOE 1712), located south of Cantrell-Sansom Road and west of Blue Mound Road in north Fort Worth for a total cost of $2,099.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 10 of 15 L-13833 There was presented Mayor and Council Communication No. L- Permanent 13833 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as A-70, Jesse Billingsley Survey, Tarrant County, Texas from AIL Investment LP for property located east of Alta Vista Road and south of Keller Hicks Road for the Big Bear Creek Meadows Phase 1 Project (DOE 4207), needed as right-of- way to construct, install, operate and maintain underground sanitary sewer facilities, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13834 There was presented Mayor and Council Communication No. L- Permanent 13834 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements and easements and two temporary construction easements described Temporary as portions of Lots 7, 8, 11 and 12, Block 2, Greenway Place East, Construction Tarrant County, Texas from Max Spillar for property located at 750 Easements North Freeway (DOE 4410), necessary for the construction, operation, maintenance and repair of a sanitary sewer line needed to serve businesses in the Greenway Place East Addition after the planned abandonment of sewer main M-267 and sewer line L-7678, for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. C-20087 There was presented Mayor and Council Communication No. C- Chief Oil and Gas 20087 from the City Manager recommending that the City Council LLC authorize the City Manager to execute a Public Right-of-Way Use Agreement with Chief Oil and Gas LLC (Chief Oil and Gas) that grants Chief Oil and Gas a license to use certain streets and 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. C-20088 There was presented Mayor and Council Communication No. C- C2Consulting 20088 from the City Manager recommending that the City Council Services authorize the City Manager to execute a contract for professional services with C2Consulting Services to produce studies and audits on the compliance by Marcus Cable Associates L.L.C. d/b/a Charter Communications (Charter) with respect to Charter's compliance with various duties and obligations under its cable franchise. The cost of these services is not to exceed $21,500.00. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 11 of 15 Council Member Silcox advised Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication C- 20088 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Stevenson, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Silcox C-20089 There was presented Mayor and Council Communication No. C- Near Northside 20089 from the City Manager recommending that the City Council Partners Council approve the reallocation of a sum not to exceed $34,898.47 in Community Development Block Grant funds previously allocated to the Near North Side Model Blocks for infrastructure improvements to the Near Northside Partners Council's (NNPC) Training and Employment activities; and authorize the City Manager to execute a contract with the NNPC for a sum not to exceed $40,140.06; and authorize the contract period to begin on the date of contract execution and end twelve months thereafter; and amend this contract as needed to achieve project goals provided the amendment is within the scope of the project and in compliance with applicable laws and regulations; and extend or renew the contract if the NNPC requests an extension or renewal. It was the consensus of the City Council that the recommendation be adopted. C-20090 There was presented Mayor and Council Communication No. C- North Central 20090 from the City Manager recommending that the City Council Texas Council of authorize the City Manager to amend the agreement with the North Governments Central Texas Council of Governments for participation in the Big Fossil Creek Watershed Flood Damage Reduction Study in the amount of $30,835.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 12 of 15 C-20091 There was presented Mayor and Council Communication No. C- Camp Dresser & 20091 from the City Manager recommending that the City Council McKee, Inc. authorize the City Manager to execute Amendment No. 1 with Camp Dresser & McKee, Inc. for the Design of the Rolling Hills Water Treatment Plant 40 million gallons per day Facilities Upgrade, thereby increasing the amount of the contract by $555,006.00 to $5,153,839.00. It was the consensus of the City Council that the recommendation be adopted. C-20092 There was presented Mayor and Council Communication No. C- Fort Worth 20092 from the City Manager recommending that the City Council South, Inc. authorize the City Manager to amend the Purchase Agreement with Fort Worth South, Inc. (Contract No. 28494) to extend the option period to June 18, 2004; and authorize the City Manager to execute an appropriate deed conveying the property located at the northeast corner of Forest Park Boulevard to Fort Worth South, Inc. in accordance with Section 272 of the Local Government Code and record the deed, if the terms of the option agreement as amended are satisfied. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-20093 There was presented Mayor and Council Communication No. C- Beechwood 20093 from the City Manager recommending that the City Council Creeks, Ltd. authorize the City Manager to execute a Community Facilities Agreement with Beechwood Creeks Ltd., for the installation of water and sewer services to serve Beechwood Creeks Phase 1, Blocks A, B, C and J. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-20094 There was presented Mayor and Council Communication No. C- BCM/CHI 20094 from the City Manager recommending that the City Council Worthington, Inc. authorize the City Manager to execute an Economic Development Program Agreement with BCM/CHI Worthington, Inc. or an affiliated entity related to the redevelopment of the Renaissance Worthington Hotel; and find that the terms and conditions of the incentive program, as outlined below, constitute a custom- designed economic development program in accordance with Chapter 380 of the Texas Local Government Code. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 13 of 15 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Lane Bob Jameson Mr. Bob Jameson, 6705 Meadows West Drive, appeared before Council in support of the development agreement. He expressed appreciation for the support received from the City and the favorable consideration by Council. Public Hearing It appeared that the City Council set today as the date for the first Proposed public hearing for the proposed voluntary full purpose annexation Voluntary Full of approximately 67.237 acres of land, or .117 square miles (more Purpose or less) located at the intersection of Hwy 287 and Harmon Road, Annexation of west of Harmon Road and north of Hwy 287 in Tarrant County. Approximately Mayor Moncrief asked if there was anyone present desiring to 67.237 Acres heard. Located at Intersection of Mr. Don Smoot, representing the Development Department, Hwy 287 and appeared before Council, presented a staff report, and stated that Harmon Road, the second public hearing would be scheduled for June 8, 2004. West of Harmon Road and North There being no one present desiring to be heard in connection of Hwy 287 in with the first public hearing for the proposed voluntary full Tarrant County purpose annexation of approximately 67.237 acres of land, or .117 (AX-04-005) square miles (more or less) located at the intersection of Hwy 287 and Harmon Road, west of Harmon Road and north of Hwy 287 in Tarrant County, Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for public Regarding hearing regarding proposed adoption of the 2002 Electrical Code Proposed Adopt and local amendments. Mayor Moncrief asked if there was anyone of 2002 National present desiring to heard. Electrical Code and Local Mr. Bob Riley, representing the Development Department, Amendments appeared before Council and presented a staff report. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 14 of 15 Tony DiNicola Mr. Tony DiNicola, 4404 Fiesta Circle, appeared before Council in support of adopting the 2002 National Electrical Code and local amendments. The following individuals appeared before Council in opposition of adopting the 2002 National Electrical Code and local amendments: Mr. Doug Utter 2709 South Park Lane Mr. A.C. McAfee 680 W. Tarrant Rd., Grand Prairie, TX Mr. T.A. Huston 5025 Birch Hollow Lane Mr. Bob Riley, Director of Development advised Council that a M&C would be placed on the agenda of June 8, 2004, and that no action was required for the public hearing today. Citizen Ms. Tommie Henton, 5017 Wilmington Drive, appeared before Presentations Council relative to Pit Bull dogs. She stated that the dogs had Tommie Henton been attacking postal workers in her neighborhood and that she would like the Council to consider adopting an ordinance that would require Pit Bull dog owners to be a minimum of 18 years old. She added that Philadelphia, New York, Chicago, and Detroit had instituted such ordinances and requested Council's favorable consideration. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:36 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) Legal issues concerning the procurement of software systems; b) Legal issues concerning the solid waste collection contracts; c) Legal issues concerning Waste Management of Texas, Inc. property at the 3700 block of Linckcrest Drive; d) Legal issues concerning the regulation of sexually oriented businesses; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 25, 2004 PAGE 15 of 15 e) 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 convention center hotel and other economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:15 p.m. Adjournment There being no further business, the meeting was adjourned at 1:15 p.m. ��� CITY SECRETARY M OR