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HomeMy WebLinkAbout2004/07/20-Minutes-City Council CITY COUNCIL MEETING J U LY 20, 2004 Date & Time On the 20th day of July, 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 Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Acting City Secretary Sylvia Glover. Mayor Mike Moncrief and Council Member John Stevenson were absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend L.S. Wilson, East Saint Paul Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Haskin, the minutes of the regular meeting of July 13, 2004, were approved unanimously. Special Youth delegations from Kids Who Care, representing various Presentations countries, performed a musical presentation before Council. Ms. Jane Schlansker, President of Fort Worth Sister Cities International introduced the International Leadership Academy, Harashin Scholars. Each delegate from the Swazeeland, Africa Sister City expressed their appreciation for the friendliness and hospitality of all Fort Worth citizens and to Sister Cities International for hosting their visit. Announcements Council Member Davis introduced Mr. Steven Newman, President of Baylor All Saints Medical Center. She also announced that the North Greenbriar Association was having their Neighborhood Blitz in honor of being the recipient of the Model Blocks Award. She added that various blitz activities would be held July 24, 2004 from 8:00 a.m. to 4:00 p.m. Council Member Lane commended Sister Cities International for conducting such a successful event this past week. He also congratulated Swazeeland, Africa for becoming the City's Seventh Sister City. Withdrawn from Council Member Picht requested that Mayor and Council CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 2 of 15 Consent Agenda Communication No. P-9996 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Davis, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Resolution to There was presented a resolution authorizing the Historic Submit Property Preservation Office to submit to the Historic and Cultural for Historic & Landmarks Commission the nomination of property located at 1604 Cultural Eighth Avenue for Historic and Cultural Landmark Overlay Zoning Landmarks Designation. Overlay Zoning Designation - Council Member Davis stated that she was withdrawing this Withdrawn resolution as an agreement had been achieved between Fort Worth South, the Nash Home Committee, and Clayton Childcare, Inc. on the preservation of the home. She summarized provisions of the agreement and stated that in exchange of withdrawing the resolution, the Clayton owner had agreed to relinquish a wrecking permit. She extended appreciation to Fort Worth South, representatives from the Berkley, Fairmount, Ryan Place, and Mistletoe Heights neighborhoods who comprised the Nash Home Committee, and Clayton Childcare, Inc. for all their work to preserve this home that was such an important part of the community. She made a motion, seconded by Council Member Silcox, that the resolution be withdrawn. The motion carried unanimously. Resolution to There was presented a resolution approving the 2004-2005 Crime Approve Control Plan and Budget as adopted by the Directors of the Fort 2004-2005 Crime Worth Crime Control and Prevention District. Control Plan and Budget — Ms. Susan Alanis, representing the Police Department, appeared Continued Until before Council and gave a staff report. She requested that after August 5, 2004 hearing public comment, the Council continue the public hearing for two weeks. The following individuals appeared before Council in opposition of the resolution. They requested that Council return the resolution to the Crime Control and Prevention District Board to allow for public forums to be held to receive citizen input. Wanda Conlin, Ms. Wanda Conlin 1755 Martel CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 3 of 15 Norman Bermes, Mr. Norman Bermes 316 Palo Verde Lane Louis McBee Mr. Louis McBee 1500 Oak Cliff Road Ronald Engle Mr. Ronald W. Engle, 337 Natchez Trace, appeared before Council and expressed concern with increasing thefts in his neighborhood and stated that he would support adopting the resolution if it would bring more Police patrols to his neighborhood. Mayor Pro tempore McCloud asked him to meet with Assistant City Manager Joe Paniagua to resolve his concerns. City Manager Jackson stated that staff would prepare a report of the Crime Control and Prevention District budget for presentation to the Council at next week's workshop. He added that the report would reflect how allocations from the General Fund, Grants Fund, and Crime Tax were distributed to various programs for the City's crime fighting efforts. There being no one else present desiring to be heard in connection with the resolution approving the 2004-2005 Crime Control Plan and Budget as adopted by the Directors of the Fort Worth Crime Control and Prevention District, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be continued until August 5, 2004. The motion carried unanimously. Announcements Council Member Picht announced that he visited the Vietnamese Cultural Science Association on July 17, 2004. He stated that each year they honor their outstanding students for their academic achievements. He expressed appreciation to the association for hosting the event and congratulated those students who were honored as Valedictorians and Salutorians at their respective schools. Committee Council Member Haskin advised the Council that nominations for Report appointments to the Scenic Preservation and Design Review Committee and Alarm Permit Committee should be submitted to the Government and Neighborhood Relations Committee by August 1, 2004. OCS-1428 There was presented Mayor and Council Communication No. OCS- Claims 1428 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. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 4 of 15 OCS-1429 There was presented Mayor and Council Communication No. OCS- Res. #3104 1429 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3104 setting the regular zoning Zoning Hearing hearing for August 10, 2004. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommended be adopted. The motion carried unanimously. G-14432 There was presented Mayor and Council Communication No. G- Ord. #16041 14432 from the City Manager recommending that the City Council Extend adopt Ordinance No. 16041 extending a moratorium on acceptance Moratorium of of applications for specialized certificates of occupancy and other Acceptance of permits for sexually oriented businesses from July 30, 2004 to Applications for September 29, 2004. It was the consensus of the City Council that Specialized the recommendation be adopted. Certificates of Occupancy and Permits for Sexually Oriented Businesses G-14434 There was presented Mayor and Council Communication No. G- Ord. #16042 14434 from the City Manager recommending that the City Council Authorize authorize the City Manager to apply for and accept a Transportation Transportation and Community and System Preservation Pilot and Community Program grant, in the amount of $500,000.00 from the Federal and System Highway Administration for the design and construction of Preservation neighborhood trail connections to the Trinity River Rail System; Pilot Program authorize the City Manager to execute a Grant Agreement with the Grant for Design Texas Department of Transportation; and adopt Appropriation and Ordinance No. 16042 increasing estimated receipts and Construction of appropriations in the Grants Fund in the amount of $500,000.00, Neighborhood subject to receipt of the Transportation and Community and Connections to System Preservation Pilot Program Grant from the Federal Trinity River Highway Administration, for the purpose of funding the design and Trail System construction of neighborhood trail connections to the Trinity River Trail System. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 5 of 15 Public Hearing It appeared that the City Council set today as the date for a public hearing and consideration of a resolution re-establishing and enlarging Fort Worth Public Improvement District No. 1 (Downtown), adopt a Budget and Service Plan, adopt an ordinance appropriating certain funds for the district, adopt a proposed assessment roll and set a benefit hearing date for Fiscal Year 2004- 05 and authorize a contract with Downtown Fort Worth, Inc., to provide management services for the district. Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Linda Brown representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council No. G-14435 as follows: G-14435 There was presented Mayor and Council Communication No. G- Res. #3105 14435 from the City Manager recommending that the City Council Ord. #16043 take the following actions regarding the re-establishment and Re-Establishing enlargement of Fort Worth Public Improvement District No. 1 and Enlarging (Downtown) (PID No. 1): Fort Worth Public 1. Hold a public hearing concerning the following matters: Improvement District No. 1, a. The advisability of re-establishing and enlarging the Adopt a Budget proposed district; and Service b. The general nature of the proposed improvements Plan, Adopt and/or services; Appropriate c. The estimated costs thereof; Funds, Adopt a d. The boundaries of the proposed district; Assessment Roll e. The proposed method of assessment; and and Set Benefit f. The proposed apportionment of costs between the Hearing Date for improvement district and the City as a whole; Fiscal Year 2004-05 and 2. Adjourn such public hearing; Authorize a Contract with 3. Adopt Resolution No. 3105 which: Downtown Fort Worth, Inc., to a. Re-establishes a Public Improvement District under Provide Chapter 372, Local Government Code (the "Act"), to Management be known as the Fort Worth Public Improvement Services District No. 1 (Downtown); b. Authorizes the City to exercise the powers granted by the Act in connection with the re-establishment of the Public Improvement District; CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 6 of 15 c. Makes findings concerning the nature and advisability of the improvements and/or services to be provided by the district, the estimated costs, the boundaries of the district, the method of assessment and the apportionment of costs between the district and the City as a whole; d. Direct the City Secretary to publish notice of the re- establishment of the district as required by the Act; 4. Approve the service plan and budget Fiscal Year 2004-05 as recommended by the Advisory Board of PID No. 1; 5. Authorize the transfer of $293,738.00 from the General Fund to the Special Assessment District Fund, PID No. 1, Fiscal Year 2004-05 project account; 6. Adopt Appropriation Ordinance No. 16043 increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $293,738.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown); 7. Authorize the transfer of $26,600.00 for administrative fees from the Special Assessment District Fund, PID No. 1, Fiscal Year 2004-05 project account to the General Fund; 8. Authorize the City Manager to contract with Downtown Fort Worth, Inc., to provide improvements and services in PID No. 1 during Fiscal Year 2004-05 for the sum of $1,330,000.00; 9. Adopt the proposed 2004 assessment roll which is on file with the City Secretary and set Tuesday, September 7, 2004, at 7:00 p.m. in the City Council Chamber as the time and place for the benefit hearing; 10. Direct the City Secretary to give notice of the September 7, 2004 hearing in accordance with state law; and 11. Approve adding to the 2004-2005 budget, as contingency, any unencumbered revenues from PID No. 1 assessments from prior years. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 7 of 15 The following individuals appeared before Council in support of this issue: Bud Smith, Mr. M.G. "Bud" Smith 201 Main St., Ste 700 Allan Howeth, Chair, Fort Worth Public Improvement District#1 Advisory Board Ed Lasko Mr. Allan Howeth 801 Cherry St., Ste 2100 Jim Finley, Chair, Fort Worth Downtown, Inc. Nina Petty, Mr. Ed Lasko 301 Commerce St., Ste 600 T.Z. Hamm Vice President, Pier 1 Imports Mr. Jim Finley 1308 Lake St. Ms. Nina Petty 100 Throckmorton St. Vice President, RadioShack Mr. T.Z. Hamm 100 N. Forest Park Blvd. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council in opposition of this issue. He stated that he could not determine the boundaries of the PID and that Exhibits A and C reflected differing information. He added that he owned property at 915 Florence Street and that the PID as presented would not benefit this property. He recommended that the PID be extended all the way down to Lancaster or that his property be removed. Helen Wallace Ms. Helen M. Wallace, 940 W. Belknap Street, appeared before Council and stated that the PID monies should be used to improve current problems instead of creating more problems. There being no one else present desiring to be heard in the public hearing and consideration of a resolution re-establishing and enlarging Fort Worth Public Improvement District No. 1 (Downtown), adopt a Budget and Service Plan, adopt an ordinance appropriating certain funds for the district, adopt a proposed assessment roll and set a benefit hearing date for Fiscal Year 2004- 05 and authorize a contract with Downtown Fort Worth, Inc., to provide management services for the district, Council Member Davis requested that Mr. Tapas, the Administrator of this PID, meet with all property owners in the PID and work with them in a meaningful way where their tax dollars would benefit their area. She also requested he provide her with a report on the meeting and made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14435 be adopted. The motion carried unanimously. Council Member Davis excused herself from the Council table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 8 of 15 G-14436 There was presented Mayor and Council Communication No. G- Local Law 14436 from the City Manager recommending that the City Council Enforcement authorize the City Manager to enter into a funding agreement with Block Grant Tarrant County on the FY2004 Local Law Enforcement Block Grant Disparity (LLEBG), contingent upon the receipt of the FY2004 LLEBG; and Agreement, approve a contract with Tarrant County for support of the Adult Year 9 Drug Treatment Court in the amount of $44,492.00 and for continuation of the Mental Health Liaison Program in the amount of $10,931.00, contingent upon the receipt of the FY2004 LLEBG. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. G-14437 There was presented Mayor and Council Communication No. G- Ord. #16044 14437 from the City Manager recommending that the City Council Monetary accept funds in the amount of $2,000.00 from Walmart No. 2980; Donation from and adopt Appropriation Ordinance No. 16044 increasing estimated Walmart and receipts and appropriations in the Special Trust Fund in the Authorize Use of amount of $2,000.00 from available funds for the purpose of Funds by Fire funding the Fire Safety House. Council Member Silcox made a Safety motion, seconded by Council Member Lane, that the Education Trust recommendation be adopted with appreciation. The motion carried unanimously. P-9993 There was presented Mayor and Council Communication No. P- Black Leather 9993 from the City Manager recommending that the City Council Structural Boots authorize a purchase agreement for black leather structural boots with Dooley Tackaberry, Inc., for the Fire Department based on low bid meeting specifications, with payment due 30 days from the date of the invoice; authorize this agreement to begin July 20, 2004 and expire on July 19, 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 J U LY 20, 2004 PAGE 9 of 15 P-9994 There was presented Mayor and Council Communication No. P- Winter Jackets 9994 from the City Manager recommending that the City Council authorize a purchase agreement for winter jackets from GST Public Safety Supply, for the Fire Department based on low bid with payment due 30 days from the date of the invoice; authorize this agreement to begin July 20, 2004 and expire on July 19, 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-9995 There was presented Mayor and Council Communication No. P- Water Pipe 9995 from the City Manager recommending that the City Council Repair Parts authorize a purchase agreement for water pipe repair parts with Atlas Utility Supply Co. and National Waterworks, Inc. for the Water Department based on discounts offered from manufacturer's list price and delivery time. Freight is included in the unit prices and payment due 30 days after receipt of invoice; authorize this agreement to begin July 20, 2004 and expire July 19, 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, Chapter 271.102, "Cooperative Purchasing Program." It was the consensus of the City Council that the recommendation be adopted. P-9996 There was presented Mayor and Council Communication No. P- Computer 9996 from the City Manager recommending that the City Council Equipment authorize a purchase agreement with Dell Financial Services (DFS) Return Services for computer equipment return services from July 20, 2004, through May 30, 2005, for an estimated cost of $59,000.00. Council Member Picht asked for clarification on the purchase agreement. Mr. Pete Anderson, representing the IT Solutions Department, stated that this agreement was transitioning to a lease with Dell and IBM for the City's PCs. He added that the lease for the remaining 750 PCs under the contract with DFS would expire May 30, 2005 and that the lease would continue through Dell. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 10 of 15 Council Member Picht made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P-9996 be adopted. The motion carried unanimously. L-13865 There was presented Mayor and Council Communication No. L- Drainage 13865 from the City Manager recommending that the City Council Improvements declare the necessity of taking fee simple title less oil, gas and sulphur of a parcel of property in South Fort Worth for the drainage improvements to Fort Worth Spinks Airport; and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the property. It was the consensus of the City Council that the recommendation be adopted. L-13866 There was presented Mayor and Council Communication No. L- Amend Lake 13866 from the City Manager recommending that the City Council Worth Lease authorize a Lake Worth Lease Amendment with Wesley Culwell to add Lot 39, Block 27 to his lease to provide lake access at a monthly rate of $289.44. It was the consensus of the City Council that the recommendation be adopted. PZ-2536 There was presented Mayor and Council Communication No. PZ- Ord. #16045 2536 from the City Manager recommending that the City Council Vacate Portion adopt Ordinance No. 16045 vacating and extinguishing a portion of of Beckham Beckham Place between 11th Avenue and 12t Avenue, and all of Place and All 11th Avenue from Beckham Place to the southerly right-of-way line Alleys Through of West Rosedale Street and all alleys in and through Trezevants Trezevants Subdivision of Lot 1, Block 1, West View Addition, City of Fort Subdivision of Worth, Texas; providing for the reversion of fee in said land; and Lot 1, Block 1, the retainment of existing utility easements. It was the consensus West View of the City Council that the recommendation be adopted. Addition C-20155 There was presented Mayor and Council Communication No. C- Magnolia WG, 20155 from the City Manager recommending that the City Council L.P. authorize the City Manager to enter into a Consent Agreement with Magnolia WG, L.P. authorizing use of the right-of-way for an awning in the 1600 Block of Main Street. It was the consensus of the City Council that the recommendation be adopted. C-20156 There was presented Mayor and Council Communication No. C- John Burns 20156 from the City Manager recommending that the City Council Construction authorize the City Manager to execute Change Order No. 1 to City Company of Secretary Contract No. 29077 with John Burns Construction Texas Company of Texas, in the amount of $28,113.50 and 16 calendar days, thereby increasing the contract amount to $3,348,771.50. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 11 of 15 C-20157 There was presented Mayor and Council Communication No. C- Cleburne Utility 20157 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Cleburne Inc. Utility Construction, Inc. in the amount of $965,640.00 for the Sanitary Sewer Main Replacement Contract 2004A. It was the consensus of the City Council that the recommendation be adopted. C-20158 There was presented Mayor and Council Communication No. C- LopezGarcia 20158 from the City Manager recommending that the City Council Group, Inc. authorize the City Manager to execute an engineering agreement with LopezGarcia Group, Inc., in the amount of $124,109.00 for Water and Sewer Replacement Contract 2004 STM-B. It was the consensus of the City Council that the recommendation be adopted. C-20159 There was presented Mayor and Council Communication No. C- William J. 20159 from the City Manager recommending that the City Council Schultz, Inc. authorize the City Manager to execute a contract with William J. d/b/a Circle "C" Schultz, Inc. d/b/a Circle "C" Construction Company, in the amount Construction of $1,678,294.00 for the Water and Sewer Main Replacement Company Contract 2004A (MWSR2004A). It was the consensus of the City Council that the recommendation be adopted. C-20160 There was presented Mayor and Council Communication No. C- Freese & 20160 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute Amendment No. 1 to the engineering agreement with Freese & Nichols, Inc. for the Rolling Hills Water Treatment Plant Facilities Upgrade, Phase 1, Construction Management and Design Support, thereby increasing the amount of the agreement by $1,264,800.00 to a total fee not to exceed $2,822,710.00. It was the consensus of the City Council that the recommendation be adopted. C-20161 There was presented Mayor and Council Communication No. C- Eagleton 20161 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a change order with Inc. Eagleton Construction, Inc. (City Contract No. 29339) in the amount of $53,095.90 for additional work for Jeff Davis, Capps, Greenbriar and Stephens Parks. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 12 of 15 Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set 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 May 28, 2004 and July 2, 2004. Mayor Pro tempore McCloud asked if there was anyone present desiring to be heard. SP-04-037 Council Member Silcox made a motion, seconded by Council Approved Member Lane, that the application of Texas Christian University for a site plan of property located in the 2900-3000 Block of West Berry Street for TCU Student Apartments, Zoning Docket No. SP-04-037, be approved. The motion carried unanimously. ZC-04-131 Council Member Silcox made a motion, seconded by Council Continued for Member Lane, that the application of Autobahn Realty Partners for Two Weeks a change in zoning of property located at 112, 116, 200 & 204 Adrian Drive from "PD-234" Planned Development/Specific Use for office display and inside storage area to "PD" for all uses in "F-R" General Commercial Restricted and site plan required, Zoning Docket No. ZC-04-131, be continued for two weeks. The motion carried unanimously. ZC-04-135 It appeared that the City Council, at its meeting of July 13, 2004, Continued for continued the hearing of the application of Paul A. and Shirley D. One Week Johnson for a change in zoning of property located at 412 East 6th Street, 709 Jones Street, 401 and 409 East 7th Street from "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-04-135. Mayor Pro tempore McCloud 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 Paul A. and Shirley D. Johnson, Council Member Silcox made a motion, seconded by Council Member Lane, that Zoning Docket No. ZC-04-135 be continued for one week. The motion carried unanimously. ZC-04-158 Council Member Silcox made a motion, seconded by Council Approved Member Lane, that the application of Texas Christian University for a change in zoning of property located in the 2900-3000 Block of West Berry Street from "E" Neighborhood Commercial to "PD/MU- 2" Planned Development for High Intensity Mixed Use, Zoning Docket No. ZC-04-158, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 13 of 15 There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Council Member Lane, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16046 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. Public Hearing It appeared that the City Council set today as the date for a public M&C C-20154 hearing on authorization to execute the First Amendment to the Contract for Collection of Residential Garbage, Refuse and Small Bulky Waste, Recyclables, Certain Commercial Solid Waste, Yard Waste, C&D, and Large Brush and Large Bulky Waste (First Amendment) by and between the City of Fort Worth, Texas, and Waste Management of Texas, Inc. Mayor Moncrief asked if there was anyone present desiring to heard. John Linebarger Mr. John Linebarger, 3816 Trails Edge Road, appeared before Council in support of the amendment. He asked that the process be kept simple and that a particular day be set for pick-up as it was less confusing. The following individuals appeared before Council in opposition of the amendment: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 20, 2004 PAGE 14 of 15 Patrick Friend, Mr. Patrick T. Friend 3512 Wedgeworth Rd. Robert Tellez, Mr. Robert Tellez 1306 N. Commerce Wanda Conlin, Ms. Wanda Conlin 1755 Martel Norman Bermes, Mr. Norman Bermes 316 Palo Verde Lane Martha Fralia, Ms. Martha Fralia 4920 Vega Ct. W. Bill Worthley, Mr. Bill Worthley 5055 Rector Ave. Paul Hicks, Mr. Paul Hicks P.O. Box 331611 Louis McBee Mr. Louis McBee 1500 Oak Cliff Rd. Ronald Engle Mr. Ronald W. Engle, 337 Natchez Trace, appeared before Council and stated that there were still brush piles remaining in his neighborhood. He added that Waste Management had only picked up a portion of the brush resulting from the recent storms and the neighborhood still had brush piles on the streets. Mayor Pro tempore McCloud requested that Mr. Engle speak with Ms. Dot Kent of the Environmental Management Department. City Attorney Yett stated that the public hearing would remain open until Council action was taken at the August 5, 2004 City Council meeting. Citizen Ms. Sharon Armstrong, 4605 Virgil, appeared before Council Presentations relative to the Stop 6 school supply give away which provided Sharon school supplies for children attending schools in the area. Armstrong Timothy Stewart Mr. Timothy Stewart, 6209 Vel Drive, Apple Valley, California, appeared before Council relative to the city's transportation hub. Brenda Scruggs Ms. Brenda Scruggs appeared before Council relative to allegations made about her by the Human Relations Commission representative. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:32 p.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) City of Fort Worth, Interpleader v. Lottie (Courtney) Dukes, et al., claimants, Cause No. 236-206507-04; CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 20, 2004 PAGE 15 of 15 b) Legal issues concerning the solid waste collection contracts; c) Legal issues concerning the discharge of firearms in the city limits; d) Legal issues concerning tree preservation; e) Legal issues concerning city and state financial disclosure forms; f) 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. Adjournment There being no further business, the meeting was adjourned at 1:50 P.M. att"Ite -CITJ SECRETARY M YOR