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HomeMy WebLinkAbout2004/05/18-Minutes-City Council CITY COUNCIL MEETING MAY 18, 2004 Date & Time On the 18th day of May, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:14 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 temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Mark Woods, University 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 May 11, 2004, were approved unanimously. Special Council Member Moss presented a Proclamation for Direct Deposit Presentations and Direct Payment Month to Mr. Dennis Simmons, President and CEO, Southwestern Automated Clearing House Association. Council Member Haskin presented a Proclamation for Community Action Month to members of the Community Action Partners. Mayor Pro tempore McCloud presented a Proclamation for HIV Vaccine Awareness Day. Announcements Council Member Picht announced that the Colonial Golf Tournament would be held in the City this week and encouraged everyone interested to support the event. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-14362 be continued for one week.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 Haskin, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 2 of 14 Appointments Council Member Haskin stated that there were still two openings on the Fort Worth Human Relations Commission and that anyone interested could call her office at (817) 392-8804 for more information. Support of There was presented a resolution supporting legislation pending in House Bill HR40 the U.S. House of Representatives (H.R. 40) to establish a Delayed Until commission to study the issue of reparations for slavery. Mayor After Zoning Pro tempore McCloud requested this item be delayed until after the Hearing Zoning Hearing as requested by Council Member Lane. OCS-1418 There was presented Mayor and Council Communication No. OCS- Claims 1418 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-1419 There was presented Mayor and Council Communication No. OCS- Res. No. 3083 1419 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3083 setting the regular zoning Zoning Hearing hearing for June 8, 2004. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommended be adopted. The motion carried unanimously. G-14361 There was presented Mayor and Council Communication No. G- Accept 99 In-Car 14361 from the City Manager recommending that the City Council Video Systems authorize the City Manager to accept 99 in-car video systems from from Texas the Texas Department of Public Safety. It was the consensus of Department of the City Council that the recommendation be adopted. Public Safety G-14362 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-14362, Resolution Stating that the City of One Week Fort Worth Elects to be Eligible to Participate in Tax Abatement, and Adoption of a Tax Abatement Policy, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 3 of 14 G-14363 There was presented Mayor and Council Communication No. G- Ord. #15980 14363 from the City Manager recommending that the City Council Ord. #15981 adopt Appropriation Ordinance No. 15980 increasing estimated Transfer from receipts and appropriations in the Capital Projects Reserve Fund in Capital Projects the amount of $100,000.00 from available funds for the purpose of Reserve Fund to funding a transfer to the New Development Fund; and authorize the New transfer of $100,000.00 from the Capital Projects Reserve Fund to Development the New Development Fund; and adopt Appropriation Ordinance Fund for Road No. 15981 increasing estimated receipts and appropriations in the Widening New Development Fund in the amount of $100,000.00 from Adjacent to New available funds, for the purpose of funding the widening of Fire Station 38 Westport Parkway adjacent to Fire Station 38; and approve the use of up to $100,000.00 of Enhanced Community Facilities Agreement funds for the widening of the portion of Westport Parkway bordering the Fire Station 38 site, when the property immediately to the east of the fire station is developed. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-14364 There was presented Mayor and Council Communication No. G- Taxicabs 14364 from the City Manager recommending that the City Council Delayed Until adopt an ordinance amending the Code of the City of Fort Worth After Executive (1986), as amended, by amending Chapter 34 "Vehicle for Hire" Session Article IV "Ground Transportation" Section 242 "Minimum Number of Taxicabs Needed for Grant of Privilege" by changing the title to "Minimum and Maximum Number of Taxicabs for Grant of Privilege"; and providing that the public convenience and necessity requires that the maximum number of taxicabs in Fort Worth shall be 255; providing the mechanism to increase the number of taxicabs and adopting a formula regulating the number of taxicabs authorized to operate on city streets, alleys and thoroughfares. Council Member Silcox made a motion, seconded by Council Member Haskin, that the Mayor and Council Communication be delayed until after Executive Session. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 4 of 14 G-14365 There was presented Mayor and Council Communication No. G- Ord. #15982 14365 from the City Manager recommending that the City Council Amend Land adopt Ordinance No. 15982 amending Chapter 35, Water and Use Sewers, of the Code of the City of Fort Worth (1986) as amended, Assumptions, by amending Exhibit A, incorporated by reference into Section 35- Capital 70.2(a); furthermore, by amending Exhibit B, incorporated by Improvements reference into Section 35-70.2(b); further, by amending Schedule 1, Plan and Impact incorporated by reference into Section 35-70.3(a); further, by Fees amending Schedule 2, incorporated by reference into Section 35- 70.3(b); further, by amending Exhibit C, incorporated by reference into Section 35-71(a); further, by amending Exhibit D, incorporated by reference into Section 35-72(a); further, by amending Exhibit E, incorporated by reference into Section 35-76(a); further, by amending Exhibit F, incorporated by reference into Section 35- 77(a). Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. L-13825 There was presented Mayor and Council Communication No. L- Flood Plain 13825 from the City Manager recommending that the City Council Easement approve the acceptance of a flood plain easement described as A 70, Jesse Billingsley Survey, Tarrant County, Texas from Keller Independent School District for property located in far north Fort Worth for the Big Bear Creek Meadows Phase 1 Project (DOE 4207), needed as right-of-way to install, repair, maintain and operate drainage facilities for property located at the corner of Alta Vista Road and Keller Hicks Road, for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13826 There was presented Mayor and Council Communication No. L- Permanent 13826 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements and easements and one temporary construction easement described as Temporary A-1497, Benjamin Thomas Survey, Tarrant County, Texas from Dale Construction Boaz for property located along Old Decatur Road (DOE 3622), Easement needed to install approximately five miles of sewer force main and gravity main from the existing Dosier Creek Sewer Lift Station to the existing Big Fossil Creek Sewer Collector, for a cost of $47,701.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 5 of 14 L-13827 There was presented Mayor and Council Communication No. L- Permanent 13827 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of three permanent sanitary sewer Easements easements described as Lots 2-13, 31-R and 30, Block 57, Wedgwood Addition, Tarrant County, Texas from various property owners for properties located at Wedgwood Drive and Wedgmont Circle South for the Clear Fork Drainage Basin Project (DOE 4118), needed as right-of-way for the purpose of constructing and maintaining a sanitary sewer main for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13828 There was presented Mayor and Council Communication No. L- Permanent 13828 from the City Manager recommending that the City Council Waterline approve the acceptance of two permanent waterline easements Easements described as Lot 3A, Block 1, White Lake Villas, Tarrant County, Texas from JT Blevins for properties located near St. Lawrence Road and Interstate Highway 30 (DOE 4116), needed as right-of- way to construct, operate, maintain and remove a utility line for water service for the White Lake Villas Addition Project, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13829 There was presented Mayor and Council Communication No. L- Permanent 13829 from the City Manager recommending that the City Council Waterline approve the acceptance of three permanent waterline easements Easements described as A-999, William McCowan Survey, Lot 2, Block 1, C.C. Whyte Addition, and A-1455, Eli W. Shiver Survey, Tarrant County, Texas from various owners for properties located along North Tarrant Parkway, East of 1-35W North (DOE 3748), needed for future development of North Tarrant Parkway for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13830 There was presented Mayor and Council Communication No. L- Acquisition of 13830 from the City Manager recommending that the City Council Two Vacant Lots authorize the acquisition of two vacant lots and one duplex and One Duplex residence in conjunction with the Fort Worth Meacham Residential International Airport Noise Mitigation Program (DOE 3932); and Property for Fort find that the prices offered in the total amount of$105,435.00 is just Worth Meacham compensation for the acquisition of the three properties plus an International estimated real estate tax pro-rated amount not to exceed $3,000.00 Airport Noise for a total cost of $108,435.00; and authorize the acceptance and Mitigation recording of appropriate instruments. It was the consensus of the Program City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 6 of 14 L-13831 There was presented Mayor and Council Communication No. L- Dedication Deed 13831 from the City Manager recommending that the City Council and Permanent approve the acceptance of a dedication deed and a permanent Underground underground public utility easement described as A 265, Jose Public Utility Chirino Survey, Tarrant County, Texas from AIL Investment LP for Easement property located south of SH 170 and West of Highway 377 (DOE 4035), needed as right-of-way to install underground water, sewer, electric, telephone and drainage facilities for the Rolling Meadows Phase 1 Project, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. C-20077 There was presented Mayor and Council Communication No. C- Motorola 20077 from the City Manager recommending that the City Council Communications authorize the City Manager to execute a maintenance contract with Motorola Communications for 550 Mobile Data Computers for the Information Technology Solutions Department. It was the consensus of the City Council that the recommendation be adopted. C-20078 There was presented Mayor and Council Communication No. C- Tulsa Boy, LLC. 20078 from the City Manager recommending that the City Council authorize the City Manager to enter into a consent agreement with Tulsa Boy, LLC., authorizing use of the right-of-way for installation of an awning at 2901 West Berry Street. It was the consensus of the City Council that the recommendation be adopted. C-20079 There was presented Mayor and Council Communication No. C- Christ Chapel 20079 from the City Manager recommending that the City Council Bible Church authorize the City Manager to enter into a consent agreement with Christ Chapel Bible Church authorizing use of the right-of-way for installation of a pedestrian bridge across and over Birchman Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20080 There was presented Mayor and Council Communication No. C- Peachtree 20080 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Peachtree Ltd Construction, Ltd in the amount of $576,620.50, for 85 working days for HMAC Surface Overlay 2004-5 at various locations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 7 of 14 C-20081 There was presented Mayor and Council Communication No. C- Baird, Hampton 20081 from the City Manager recommending that the City Council & Brown, Inc. authorize the City Manager to execute an engineering agreement with Baird, Hampton & Brown, Inc., in the amount of $123,115.00 for the design of pavement reconstruction, water and sanitary sewer replacements on Birchman Street (Ashland Avenue to Camp Bowie Boulevard). It was the consensus of the City Council that the recommendation be adopted. C-20082 There was presented Mayor and Council Communication No. C- Ord. #15983 20082 from the City Manager recommending that the City Council Texas authorize the City Manager to execute a contract with the Texas Department of Department of Transportation, to operate the Click It or Ticket, Transportation Selective Traffic Enforcement Program from May 1, 2004, to September 30, 2004; adopt Appropriation Ordinance No. 15983 increasing estimated receipts and appropriations in the Grants Fund in the amount of $30,750.00, subject to receipt of the grant from the Texas Department of Transportation (TxDOT), for the purpose of funding the Click It or Ticket (CIOT) Selective Traffic Enforcement Program (STEP); and authorize the City Manager to waive indirect costs in the amount of $5,735.00. It was the consensus of the City Council that the recommendation be adopted. C-20083 There was presented Mayor and Council Communication No. C- Ord. #15984 20083 from the City Manager recommending that the City Council Texas authorize the City Manager to execute a contract with the Texas Department of Department of Transportation to continue to operate the Transportation Comprehensive Selective Traffic Enforcement Program on an overtime basis in the amount of $116,452.00; and adopt Appropriation Ordinance No. 15984 increasing estimated receipts and appropriations in the Grants Fund in the amount of $116,452.00, subject to receipt of the grant from the Texas Department of Transportation, for the purpose of funding the Comprehensive Selective Traffic Enforcement Program; and authorize the City Manager to waive indirect costs in the amount of $21,718.00; and authorize the transfer of $13,152.00 from the General Fund to the Grants Fund for the City's match. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 8 of 14 C-20084 There was presented Mayor and Council Communication No. C- Tarrant County 20084 from the City Manager recommending that the City Council and Tarrant authorize the City Manager to execute amendments to the County Hospital agreements with Tarrant County (County) and Tarrant County District Hospital District (Hospital District) increasing the scope in which the County and the Hospital District will contribute tax increment to the Downtown TIF. Council Member Moss 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 Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Stevenson, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss C-20085 There was presented Mayor and Council Communication No. C- Public 20085 from the City Manager recommending that the City Council Enterprise authorize the City Manager to execute an agreement with the Group Public Enterprise Group to assist the City of Fort Worth in marketing its assets and developing corporate partnership revenue programs. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-20086 There was presented Mayor and Council Communication No. C- Haydn Cutler 20086 from the City Manager recommending that the City Council authorize the City Manager to execute an Unimproved Ground Lease Agreement with mandatory improvements with Haydn Cutler, an individual, for approximately 46,000 square feet of unimproved ground at Fort Worth Spinks Airport to develop an executive terminal building and two-20,000 square foot executive aircraft storage hangars and associated office space; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 9 of 14 and a Public Fueling Agreement and Fixed Base Operator Permit upon completion of the Terminal Facility; and Right of First Refusal to lease approximately 80,000 square feet of additional unimproved land to build additional executive aircraft storage hangars and associate office space. Council Member Picht made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. City Manager Jackson expressed appreciation to Haydn Cutler and his team for working so well with the City and commended the efforts of Assistant City Manager Marc Ott, Aviation Director Mike Feeley, and the entire financial team. Council Member Lane assumed his chair. 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 29, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-287 Council Member Davis stated that the site plan did not adequately SP-04-020 address screening or landscaping and made a motion, seconded Returned to City by Council Member Stevenson, that the application of Gaylord T. Zoning Vany for a change in zoning of property located at 1245 East Commission Seminary Drive, from "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for automobile repair and tire repair with outside storage and display, Zoning Docket No. ZC-03-287 and Site Plan No. SP-04-020, be returned to the City Zoning Commission and that a site plan be submitted which adequately reflected screening of the property, to include all outside storage, and landscaping. The motion carried unanimously. ZC-04-092B Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Fort Worth Planning Department for a change in zoning of property located at 817 W. Petersmith Street, from "D" High Density Multifamily to "MU-1" Low Intensity Mixed-Use, Zoning Docket No. ZC-04-0928, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 10 of 14 ZC-04-096 Council Member Lane made a motion, seconded by Council Approved Member Stevenson, that the application of John Villanueva for a change in zoning of property located at 2523 Clinton Avenue, from "F" General Commercial to "A-5" One-Family, Zoning Docket No. ZC-04-096, be approved. The motion carried unanimously. ZC-04-101 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Brad Conway for a change in zoning of property located at 1417 Alston Avenue from "CF" Community Facilities to "A-5" One-Family, Zoning Docket No. ZC- 04-101, be approved. The motion carried unanimously. ZC-04-123 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Russell Fox for a change in zoning of property located at 1029 Oak Grove Road from "PD-229" Planned Development for mobile home sales to "PD/SU" Planned Development/Specific Use for all uses allowed in "E" Neighborhood Commercial except package store, tattoo parlor, outdoor amusement and drive-in restaurant and waiver of site plan recommended, Zoning Docket No. ZC-04-123, be approved. The motion carried unanimously. City Attorney Yett stated that staff recommended Council take action to deny Zoning Docket Nos. ZC-03-228 and SP-04-037 pertaining to Christ Chapel Bible Church, prior to taking action on Zoning Docket Nos. ZC-04-125 and SP-04-031 that also pertained to the church. ZC-03-228 Council Member Stevenson made a motion, seconded by Council SP-04-037 Member Silcox, that the application of Christ Chapel Bible Church Denied for a change in zoning of property located in the 3600-3700 blocks of Birchman Avenue from "PD-449" Planned Development for church and parking and "B" Two-Family to "PD/SU" for all uses allowed in "B" Two-Family plus church related expansion and parking, Zoning Docket No. ZC-03-228 and Site Plan No. SP-04-037, be denied. The motion carried unanimously. ZC-04-125 Mr. Jim Dunaway, 777 Taylor Street, representing the applicant, SP-04-031 appeared before Council in support of the zoning change. He Approved summarized the new submission relative to the pedestrian bridge Jim Dunaway and church parking. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 11 of 14 Council Member Stevenson made a motion, seconded by Council Member Silcox, that the application of Christ Chapel Bible Church for a change in zoning of property located in the 3600-3700 blocks of Birchman Avenue, Calmont Avenue and Pershing Avenue, from "PD-449" Planned Development for church and parking and "B" Two-Family to "PD/SU" Planned Development/Specific Use for all uses allowed in "B" Two-Family plus church, accessory buildings and parking and site plan required, Zoning Docket No. ZC-04-125 and Site Plan No. SP-04-031, be approved. The motion carried unanimously. ZC-04-126 Council Member Haskin asked what were the deed restrictions or Approved limitations of the development of this property. Thad Brundrett Mr. Thad Brundrett, 777 Main Street, representing the applicant, appeared before Council in support of the zoning change. He stated that the intent of the applicant was to allow for periodic outdoor sales of their merchandise for four or six days. He added that in the areas of outdoor sales there would be berms six to eight feet high and that landscaping in the development exceeded City landscaping requirements. He further stated the deed restrictions limited uses in "J" Medium Industrial, specifically for Cabela's, to allow for the occasional sales of items outdoors. Council Member Lane made a motion, seconded by Council Member Moss, that the application of AIL Investment, L.P. for a change in zoning of property located in the northeast corner of IH35W and SH 170 from "G" Intensive Commercial to "J" Medium Industrial, Zoning Docket No. ZC-04-126, be approved. 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 Lane made a motion, seconded by Council Member Moss, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 12 of 14 ORDINANCE NO. 15985 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. Res. #3084 There was presented Resolution No. 3084 supporting legislation Support of pending in the U.S. House of Representatives (H.R. 40) to establish House Bill HR40 a commission to study the issue of reparations for slavery. The following individuals appeared before Council in support of the resolution: Michael Bell, Mr. Michael Bell 3728 East Berry St. Elijah McGrew, Mr. Elijah McGrew 3810 Hildale Bryan Mr. Bryan Muhammad 8400 Highway 80 Muhammad, Mr. Thomas Muhammad 4901 Spring Ave., Dallas, Texas Thomas Muhammad After a lengthy conversation amongst Council, Mayor Pro tempore McCloud made a motion, seconded by Council Member Moss, that the resolution be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Moss, Stevenson, and Davis NOES: Council Members Silcox, Haskin, and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 18, 2004 PAGE 13 of 14 Executive It was the consensus of the City Council that they recess to Session complete the Pre-Council Meeting at 11:10 a.m. with the Executive Session immediately to follow: 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 Charter Cable franchise; b) Legal issues concerning the City's tax abatement policy; c) Legal issues concerning city boards and commissions; d) Legal issues concerning the solid waste collection contracts; e) Legal issues concerning Waste Management of Texas, Inc. property at the 3700 block of Linkcrest Drive; f) Legal issues concerning City Secretary Contracts 26457 and 27281; g) Legal issues concerning any item listed on todays' 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 MAY 18, 2004 PAGE 14 of 14 Reconvened The City Council reconvened into regular session at 11:45 a.m. G-14364 There was presented Mayor and Council Communication No. G- Continued Until 14364 from the City Manager recommending that the City Council June 15, 2004 adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by amending Chapter 34 "Vehicle for Hire" Article IV "Ground Transportation" Section 242 "Minimum Number of Taxicabs Needed for Grant of Privilege" by changing the title to "Minimum and Maximum Number of Taxicabs for Grant of Privilege"; and providing that the public convenience and necessity requires that the maximum number of taxicabs in Fort Worth shall be 255; providing the mechanism to increase the number of taxicabs and adopting a formula regulating the number of taxicabs authorized to operate on city streets, alleys and thoroughfares. Council Member Silcox made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. G-14364 be continued until June 15, 2004. Massoud Mr. Massoud Nasseri, 1209 Brook Hill Lane, Arlington, Texas, Nasseri appeared before Council in opposition of the ordinance. He stated that he had a small taxicab business in Fort Worth and limiting the number of taxicabs allowed to operate in the City would negatively impact his business. City Manager Jackson stated that staff would make every effort to determine the scope of this issue and prepare an informal report relative to contracting with consultants to develop a study on taxicab service within the City. The motion carried unanimously. Reconvened The City Council reconvened into Executive Session at 11:57 a.m. Reconvened into The City Council reconvened into regular session at 1:50 p.m. Regular Session Adjournment There being no further business, the meeting was adjourned at 1:50 p.m. s ?,� fit- L7CITY SECRETARY MAY 611