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HomeMy WebLinkAbout2004/07/27-Minutes-City Council CITY COUNCIL MEETING J U LY 27, 2004 Date & Time On the 27th day of July, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:22 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, Donavan Wheatfall, 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 Pastor Danny Sims, Alta Mesa Church of Christ. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of July 20, 2004, were approved unanimously. Special Presentation of Human Relations Commission Awards were made Presentations by Mr. Estrus Tucker, Chair, Human Relations Committee. Council Member Silcox presented a Proclamation for National Night Out. Mr. Kira Lane, Vice President of Marketing for the Fort Worth Tycoons, introduced the General Manager, Steve Tucker, and the owner, Charles Kent, who are bringing a Professional Basketball Team to the City and extended an invitation to Mayor Moncrief to be the eleventh man on the team. Mayor Moncrief welcomed the Tycoons to Fort Worth. Announcements Council Member Silcox announced that on this past Saturday a COP Seminar was held and stated that there were 800 — 1000 participants. He advised Council that the packets in the Council chairs were sent to them from the chair of the Seminar. He further stated that they were able to collect $1,380.00 toward the Police and Firefighters memorial. He advised the listening audience that Council was working on the renewal of the Crime Tax which would be held February 5, 2005 and that a meeting would be scheduled for each Council District to explain the necessity and the use of the Crime Tax. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 2 of 15 Council Member Davis announced that North Green Briar kicked off the Blitz on this past weekend and congratulated them on their success. Council Member Picht echoed Council Member Davis sentiments and also expressed appreciation to the staff for their assistance provided during the Blitz. Withdrawn from Council Member Picht requested that Mayor and Council Consent Agenda Communication No. C-20168 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Res. #3106 There was presented Resolution No. 3106 establishing the Fort Establish Fort Worth Alarms Task Force and appointing members. Council Worth Alarms Member Haskin made a motion, seconded by Council Member Task Force and Picht, that the resolution be adopted. The motion carried Appoint unanimously. Members Mayor Moncrief encouraged those Council Members who have not yet made their selection for the Alarms Task Force to do so at their earliest opportunity so that the committee could meet. Appointments Council Member Silcox made a motion, seconded by Council Member Stevenson, that Brenda Tillman be appointed to Place 3 on the Aviation Advisory Board with an effective term of July 27, 2004, and expiring October 1, 2005. The motion carried unanimously. Resolution There was presented a proposed resolution supporting the Supporting the renaming of Interstate Highway 20 in the Fort Worth — Dallas area Renaming of IH to "Ronald Reagan Freeway". Council Member Picht made a 20 to Ronald motion, seconded by Council Member Silcox, that the resolution be Reagan Freeway adopted. Continued After a lengthy discussion among Council, Council Member Davis made a substitute motion, seconded by Council Member Wheatfall, that some type of policy be put into place before further consideration of this resolution. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 3 of 15 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Wheatfall, Stevenson, and Davis NOES: Council Members Silcox, Haskin, and Picht ABSENT: Council Member Lane OCS-1430 There was presented Mayor and Council Communication No. OCS- Claims 1430 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-14438 There was presented Mayor and Council Communication No. G- Ord. #16047 14438 from the City Manager recommending that the City Council Civil Service adopt Ordinance No. 16047 adjusting the total number of Staffing authorized civil service positions in the Police Department; Increasing increasing authorized positions by three; providing a statement of Authorized purpose and intent for the adoption and implementation of this Strength in the ordinance. It was the consensus of the City Council that the Police Dept. recommendation be adopted. G-14439 There was presented Mayor and Council Communication No. G- Ord. #16048 14439 from the City Manager recommending that the City Council Fire Training in accept funds from Tarrant County College in the amount of Special Trust $4,000.00; and adopt Appropriation Ordinance No. 16048 Fund increasing estimated receipts and appropriations in the Special Trust Fund, TSTI Firefighter Apprenticeship Program, in the amount of $4,000.00 from available funds for the purpose of funding instructional equipment for use in training programs. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 4 of 15 G-14440 There was presented Mayor and Council Communication No. G- Continued for 14440 from the City Manager recommending that the City Council One Week approve the basic terms and conditions set forth in the Term Sheet relating to the development of a Convention Center headquarters hotel and adjacent parking garage by Omni Hotels Corporation; authorize the City Manager to execute Term Sheet; and authorize the City Manager to negotiate definitive documents with Omni Hotels Corporation relating to the development of a Convention Center headquarters hotel and an adjacent parking garage that incorporate the terms and conditions set forth in the Term Sheet. Council Member Davis made a motion, seconded by Council Member Stevenson, that this M&C be continued for one week in order to continue negotiations with Omni Hotels Corporation. The motion carried unanimously. G-14441 There was presented Mayor and Council Communication No. G- Establish 14441 from the City Manager recommending that the City Council Restricted authorize the establishment of a "Restricted Residual" policy and Residual account for the transfer of any surplus project funds remaining Account and upon completion of a bond project or surplus funds resulting from Policy for the Council approved abandonment or modification of an approved Surplus Bond bond project; and authorize the adoption of the proposed criteria Funds for the use of funds from the "Restricted Residual Account." Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox excused himself from the Council table at this time. G-14442 There was presented Mayor and Council Communication No. G- Establish Public 14442 from the City Manager recommending that the City Council Improvement establish that the Public Improvement District No. 6 Advisory District #6 (Park Board Members shall be appointed by City Council. Council Glen) Advisory Member Haskin made a motion, seconded by Mayor Pro tempore Board Members McCloud, that the recommendation be adopted. The motion be Appointed by carried unanimously. City Council CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 5 of 15 G-14443 There was presented Mayor and Council Communication No. G- Amend City's 14443 from the City Manager recommending that the City Council Policy amend the City's policy regarding public improvement districts by Regarding adopting the guidelines; and amend Section A5 of the Public Public Improvement Policy Statement by adding; "The City shall assess Improvement an annual administrative fee for all districts equal to two percent of Districts, Adopt the district's annual operating budget, or $2,000.00; whichever is Guidelines and greater." Council Member Davis made a motion, seconded by Set Mayor Pro tempore McCloud, that the recommendation be adopted. Administration The motion carried unanimously. Fee Structure G-14444 There was presented Mayor and Council Communication No. G- Release of 14444 from the City Manager recommending that the City Council Preliminary authorize City staff to release the Preliminary Project and Project and Financing Plans related to the proposed Southwest Parkway TIF in Financing Plans order to allow affected taxing units to initiate the legal process for for Tax designation of the TIF. Council Member Davis made a motion, Increment seconded by Council Member Stevenson, that the recommendation Reinvestment be adopted. The motion carried unanimously. Zone #11 (Southwest Parkway TIF) G-14445 There was presented Mayor and Council Communication No. G- Donation of 14445 from the City Manager recommending that the City Council Sculpture from accept the donation of the "Solar Disk", valued at $50,000.00 for Moncrief the Botanic Garden from the Moncrief Endowment Committee. Endowment Council Member Haskin made a motion, seconded by Council Committee for Member Davis, that the recommendation be adopted with Botanic Garden appreciation. The motion carried unanimously. P-9997 There was presented Mayor and Council Communication No. P- Security 9997 from the City Manager recommending that the City Council Systems and authorize purchase of security systems from ADT Security Supporting Services, Inc. for an amount not to exceed $1,391,127.00 and BEA Equipment Systems Inc. for an amount not to exceed $250,441.00; and authorize the purchase of supporting equipment from the following State of Texas Department of Information Resources vendors: SHI- Government Solutions in the amount of $52,662.00 and Presidio in the amount of $81,056.00. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 6 of 15 L-13867 There was presented Mayor and Council Communication No. L- Permanent 13867 from the City Manager recommending that the City Council Sanitary Sewer declare the necessity of condemning a parcel of land defined as Easement and parcel of land defined as part of Abstract No. 719, Tarrant County, Temporary Texas and owned by Jud Cramer for one permanent sanitary sewer Construction easement and one temporary construction easement required to Easement provided service for the Walsh Ranch Sewer Extension (DOE 4162); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13868 There was presented Mayor and Council Communication No. L- Permanent 13868 from the City Manager recommending that the City Council Sanitary Sewer declare the necessity of condemning a parcel of land defined as Easement and part of Abstract No. 78, Tarrant County, Texas and owned by Temporary Nazarian-Thomas JV for one permanent sanitary sewer easement Construction and one temporary construction easement required to provide Easement service for the Walsh Ranch Sewer Extension (DOE 4162); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13869 There was presented Mayor and Council Communication No. L- Acquisition of 13869 from the City Manager recommending that the City Council Residential approve the acquisition of one residential property described as Property for Lot 3, Block 2, Martin, Iona Subdivision, Tarrant County, Texas Proposed from James Rust for $34,000.00 plus an estimated $5,000.00 for Detention closing expenses for a total cost of $39,000.00. This property is Improvements needed to accommodate proposed detention improvements for Dry for Dry Branch Branch Creek (DOE 4535). It was the consensus of the City Creek Council that the recommendation be adopted. L-13870 There was presented Mayor and Council Communication No. L- Acquisition of 13870 from the City Manager recommending that the City Council Vacant Lot authorize the acquisition of one vacant lot in conjunction with the Located on West Fort Worth Meacham International Airport Noise Mitigation Side of Fort Program (DOE 3932); find that the price offered in the total amount Worth Meacham of $5,810.00 is just compensation for the acquisition of the International property plus an estimated real estate tax pro-rated amount not to Airport Noise exceed $190.00 for a total cost of $6,000.00; and authorize the Mitigation acceptance and recording of appropriate instruments. It was the Program consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 7 of 15 PZ-2537 There was presented Mayor and Council Communication No. PZ- Timetable for 2537 from the City Manager recommending that the City Council Proposed approve the annexation timetable in order to annex the property for Voluntary full purposes in compliance with the requirements of Chapter 43 of Annexation of the Local Government Code of the State of Texas; and direct staff Approximately to prepare a service plan that provides for the extension of full 68.32 Acres of municipal services to the annexation area. Land Located at Northwest City Attorney Yett advised Council that an amended Exhibit "B" Corner of had been placed at the Council table correcting the Council dates Haltom — Bailey for the proposed hearings and Council actions. — Boswell Rd. and Park Rd. Council Member Stevenson made a motion, seconded by Council (AX-04-007 Member Davis, that the recommendation be adopted, with the Parks at Boat amended Exhibit "B". The motion carried unanimously. Club) PZ-2538 There was presented Mayor and Council Communication No. PZ- Ord. #16049 2538 from the City Manager recommending that the City Council Street, Alley adopt Ordinance No. 16049 vacating and extinguishing all of Vacation and Avenue A between Wesleyan Street and South Collard Street Waiver of Fee located in the J. Ringer Survey, Abstract No. 1287 and the W.J. Sublett Survey, Abstract No. 1409, City of Fort Worth, Texas; providing for the reversion of fee in said land; the retainment of existing utility easements; and authorize the waiver of collection of $11,239.00 for the value of the vacated right-of-way. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20162 There was presented Mayor and Council Communication No. C- Fort Worth 20162 from the City Manager recommending that the City Council South, Inc. authorize the City Manager to execute a lease agreement with Fort Worth South, Inc. to install a temporary sign to advertise lease opportunities within the Midtown Village development on the property located at 1003 Forest Park Boulevard for the cost of $10.00 per month; and authorize this agreement to begin May 1, 2004, and continue on a month-to-month basis or until the option period as specified in the executed Option Agreement (Contract No. 28494) with Fort Worth South, Inc. expires, whichever comes first. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 8 of 15 C-20163 There was presented Mayor and Council Communication No. C- Ord. #16050 20163 from the City Manager recommending that the City Council Humphrey & authorize the transfer of $97,028.50 from the Water and Sewer Morton Operating Fund to the Water Capital Project Fund; adopt Construction Appropriation Ordinance No. 16050 increasing the estimated Company, Inc. receipts and appropriations in the Water Capital Project Fund in the amount of $97,028.50 from available funds for the purpose of funding a contract with Humphrey & Morton Construction Company, Inc. for Drainage and Water Main Improvements to Tony's Creek Drainage System at N.E. 29th Street; and authorize the City Manager to execute a contract with Humphrey & Morton Construction Company, Inc. in the amount of $532,592.50 for 100 calendar days for Drainage and Water Line Improvements to Tony's Creek Drainage System at N.E. 29th Street. It was the consensus of the City Council that the recommendation be adopted. C-20164 There was presented Mayor and Council Communication No. C- DeOtte, Inc. 20164 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with DeOtte, Inc. to provide engineering services for Citywide Roadway Flooding Hazard Assessment, with costs not to exceed $163,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20165 There was presented Mayor and Council Communication No. C- Cleburne Utility 20165 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 $523,824.50 and 105 calendar days for water and sanitary sewer replacements on Camp Bowie Boulevard from 1-30 to Eldridge Street. It was the consensus of the City Council that the recommendation be adopted. C-20166 There was presented Mayor and Council Communication No. C- William J. 20166 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 $962,800.00 for the Sanitary Sewer Rehabilitation Pipe Company Enlargement Contract 2002A (DOE 3554). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 9 of 15 C-20167 There was presented Mayor and Council Communication No. C- Turner Collie & 20167 from the City Manager recommending that the City Council Braden, Inc. authorize the City Manager to execute an engineering agreement with Turner Collie & Braden, Inc. in the amount of $59,385.00 for subsurface utility engineering services for the Lancaster Avenue Reconstruction Project. It was the consensus of the City Council that the recommendation be adopted. C-20168 There was presented Mayor and Council Communication No. C- Ord. #16051 20168 from the City Manager recommending that the City Council Texas authorize the City Manager to execute Amendment No. 1 to the Department of Texas Department of Transportation (TxDOT) design and Transportation development grant for a permanent Air Traffic Control Tower at Fort Worth Spinks Airport, increasing the overall grant amount from $1,000,000.00 to $1,222,223.00, of which $200,000.00 will be funded by TxDOT and $22,223.00 will be funded by the City; authorize the transfer of $22,223.00 from the Aviation Capital Projects Fund to the Airport Grants Fund for the City's match; adopt Appropriation Ordinance No. 16051 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of $222,223.00 subject to receipt of Amendment No. 1 to the Design and Development Grant from the Texas Department of Transportation (M&C G-13980), for the purpose of funding a contract with WEP&A, Inc. for the design and construction of the Fort Worth Spinks Air Traffic Control Tower; and authorize award of the contract with WEP&A, Inc. for the design and construction of the Fort Worth Spinks Air Traffic Control Tower. Council Member Picht stated that there was a temporary traffic tower placed at Spinks under a previous administration, but expressed appreciation to Mike Feeley for getting the permanent tower for the airport. He made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. C- 20168 be adopted. The motion carried unanimously. C-20169 There was presented Mayor and Council Communication No. C- WHECO Electric, 20169 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with WHECO Electric, Inc. in the amount of $179,000.00 for the Electrical Reliability Improvement at SCADA Control Center and Lake Country Lift Stations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 10 of 15 C-20170 There was presented Mayor and Council Communication No. C- U.S. Geological 20170 from the City Manager recommending that the City Council Survey authorize the City Manager to execute a joint funding agreement for water resources investigations with the U.S. Geological Survey; and authorize the payment of the City's share of the cost in the amount of $26,650.00, for 2004-2005 U.S. Geological Survey monitoring and monitors. It was the consensus of the City Council that the recommendation be adopted. C-20171 There was presented Mayor and Council Communication No. C- Ord. #16052 20171 from the City Manager recommending that the City Council Ord. #16053 adopt Appropriation Ordinance No. 16052 increasing estimated Concho receipts and appropriations in the Capital Projects Reserve Fund in Development the amount of $590,000.00 from available funds, contingent upon a LLC failure to achieve either the transfer of the title of the property at the Federal Depot site to the Local Government Corporation or the issuance of bonds for the purpose of funding design work on the Federal Depot Service Center; authorize the transfer of $590,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund contingent upon a failure to achieve either the transfer of title of property or the issuance of bonds; adopt Appropriation Ordinance No. 16053 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $590,000.00 from available funds, contingent upon a failure to achieve either the transfer of the title of the property at the Federal Depot site to the Local Government Corporation or the issuance of bonds for the purpose of funding design work on the Federal Depot Service Center; and authorize the City Manager to execute an amendment to the Memorandum of Understanding with Concho Development LLC to proceed with $500,000.00 in architectural/engineering design work on the Federal Depot Service Center Project. City Manager Jackson advised Council of an amendment to be made on this M&C, stating that paragraph 4 should read as follows: Authorize the City Manager to execute an amendment to the Memorandum of Understanding (MOU) with Concho Development LLC, contingent upon receiving an acceptable letter of agreement from the General Services Administration related to any unexpected site conditions at the Federal Depot site." Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted, as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 11 of 15 C-20172 There was presented Mayor and Council Communication No. C- Ord. #16055 20172 from the City Manager recommending that the City Council Revised Federal apply for and accept, if offered, a revised grant from the Federal Aviation Aviation Administration in the amount of $15,000,000.00 for Administration additional work associated with the Alliance Runway Extension for Work on Project for 16R & 16L at Fort Worth Alliance Airport; authorize the Runway use of land credits in the amount of $789,474.00 for the City's in- Extension kind local match of 5 percent of the project cost; and adopt Project at Fort Appropriation Ordinance No. 16055 increasing estimated receipts Worth Alliance and appropriations in the Grants Fund in the amount of Airport $15,789,474.00, subject to receipt of the grant from the Federal Aviation Administration, for the purpose of funding additional work associated with the Runway Extension Project for 16R and 16L at Fort Worth Alliance Airport. Council Member Picht made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox assumed his chair. C-20173 There was presented Mayor and Council Communication No. C- Cheyenne Ridge 20173 from the City Manager recommending that the City Council Partners, Ltd. authorize the City Manager to execute a community facilities agreement with Cheyenne Ridge Partners, Ltd., for the installation of water and sewer services to serve Cheyenne Ridge, Phase 1, in northwest Fort Worth. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. SP-04-030 It appeared that the City Council, at its meeting of July 13, 2004, Approved continued the hearing of the application of Phillip Galyen for a site plan of property located at 1418 Milam Street for parking lot and car leasing preparation area, Site Plan No. SP-04-030. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the site plan of Phillip Galyen, Council Member Haskin made a motion, seconded by Council Member Picht, that Site Plan No. SP- 04-030 be approved, as amended, with Evergreen trees on 20' separation along Milam Street, as agreed to verbally by the applicant. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 12 of 15 ZC-04-135 It appeared that the City Council, at its meeting of July 20, 2004, Approved continued the hearing of the application of Paul A. and Shirley D. 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 Moncrief asked if there was anyone present desiring to be heard. James Toal Mr. James Toal, 341 Nursery Lane, appeared before the City Council in support of the proposed zoning change for Planned Development/Specific Use and listed the agreed upon conditions. There being no one present desiring to be heard in connection with the application of Paul A. and Shirley D. Johnson, Council Member Davis made a motion, seconded by Council Member Stevenson, that Zoning Docket No. ZC-04-135 be approved, as amended by revising the zoning change from "J" Medium Industrial to "H" Central Business District to Planned Development/Specific Use for all uses in "H" Central Business District with the following conditions: The applicant and adjoining property owners have agreed to restrict the uses on the 0.72-acre downtown site. Development plans call for 15 luxury town homes to be placed on the subject property. The agreed upon provisions include: • Number of residential units —15 Town Homes • Three story maximum height for main living units (44' to top of roof) • Maximum height to top of elevator or stairway openings to roof gardens and trellises — 52' maximum • Building setback from existing building on the block will be minimum of 26' along the east property line, with driveway access between • Setback from existing building's north property line to be 10 feet minimum • This project will be reviewed by the Downtown Design Review Board for conformance with the Downtown Urban Design Standards • Waiver of Site Plan (Site Plan was attached for informational purposes only.) The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 13 of 15 ORDINANCE NO. 16054 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 second 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. Allen Triplett, The following individuals appeared before Council: Eva Bonilla, Robert Tellez, Allen Triplett 5836 Wessix Sharon Eva Bonilla, representing the League of Neighborhoods Armstrong Robert Tellez 1306 N. Commerce Sharon Armstrong 4605 Virgil Citizen Mr. Bill Martin, 201 Cromwell St., appeared before Council and Presentations expressed appreciation to the Council for having a forum, stated Bill Martin that the City was doing a good job in keeping the citizens updated via "the web site"; and thanked the Council for the work that they do as Council Members. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 27, 2004 PAGE 14 of 15 Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:52 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) City of Fort Worth, Interpleader v. Lottie (Courtney) Dukes, et al., claimants, Cause No. 236-206507-04; b) Metricom Inc., et al., Debtor, Case No. 01-532191-ASW- Bankruptcy Court — California; c) Legal issues concerning the solid waste collection contracts; d) Legal issues concerning tree preservation; e) Legal issues concerning city and state financial disclosure forms; f) Legal issues concerning regulation of sexually oriented businesses; g) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 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 JULY 27, 2004 PAGE 15 of 15 5. Deliberate concerning the appointment of a City Secretary, as authorized by Section 551.074 of the Texas Government Code. Adjournment There being no further business, the meeting was adjourned at 2:47p.m. �'� CI . SECRETARY MAYOR