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HomeMy WebLinkAbout2002/06/18-Minutes-City Council CITY COUNCIL MEETING JUNE 18, 2002 Date & Time On the 18th day of June, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:06 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Pastor Mark Woods, University Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes Council Member Lane requested that his comments in the Announcement section of the minutes be amended relative to Tony George stating he would bring the Indy Racing League banquet back to the Convention Center. Mr. Lane stated that he had requested that Mr. George consider returning the banquet to the Convention Center. On motion of Council Member Davis, seconded by Council Member Haskin, the minutes of the regular meeting of June 11, 2002, were approved unanimously, as amended. Special Council Member Picht presented a Proclamation for World Presentations Changers Day. Announcements Council Member Lane announced that the City Hall Out North meeting would be held June 20, 2002, at 6:30 p.m. at Diamond Hill- Jarvis High School. He stated that City staff would be present to answer questions and that the City Council would be present at 7:30 p.m. to address citizen concerns. He added that Spanish to English translation would be available and invited everyone to attend. Mayor Pro tempore McCloud announced that there were ribbon- cutting ceremonies at 15 soccer fields this past weekend. He expressed appreciation to the Parks and Community Services staff and several soccer associations for working very hard to make this happen. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 2 of 13 Withdrawn from Council Member Davis requested that Mayor and Council Consent Agenda Communication No. C-19123 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Davis, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. OCS-1287 There was presented Mayor and Council Communication No. OCS- Continued for 1287, dated June 11, 2002, from the Office of the City Secretary One Week recommending that the City Council adopt a resolution canceling regular City Council meetings of July 2, 2002, December 24, 2002, and December 31, 2002; changing date of the City Council meeting of August 6, 2002, to August 8, 2002; and changing time of City Council meeting of December 3, 2002, from 7:00 p.m. to 10:00 a.m. City Manager Jackson requested Council continue this item for one week. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that OCS-1287 be continued for one week. The motion carried unanimously. OCS-1288 There was presented Mayor and Council Communication No. OCS- Claims 1288 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 Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1289 There was presented Mayor and Council Communication No. OCS- Res. #2844 1289 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2844 setting the regular zoning Zoning Hearing hearing for July 9, 2002. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-13648 There was presented Mayor and Council Communication No. G- Ord. #15134 13648 from the City Manager recommending that the City Council Grant CITGO adopt Ordinance No. 15134 granting a franchise to CITGO Products Products Pipeline Company for use of certain public rights-of-way in the City Pipeline of Fort Worth for the purpose of constructing, maintaining and Company operating two pipelines for the transportation of petroleum License to Use products through the City of Fort Worth; requiring execution of a Certain Streets franchise agreement between the City of Fort Worth and CITGO and Public Products Pipeline Company regarding terms, conditions and Rights-of-Way requirements related to the use of such certain public rights-of-way CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 3 of 13 and to the construction, maintenance and operation of such pipelines; and regarding reasonable compensation to the City of Fort Worth for the use of the public rights-of-way. It was the consensus of the City Council that the recommendation be adopted. G-13649 There was presented Mayor and Council Communication No. G- Res. #2845 13649 from the City Manager recommending that the City Council Lawsuit Against authorize the City Attorney to file a lawsuit against Nina Campbell Nina Campbell to remove her and her personal property from City-owned property located at 3206 Schadt Street; and adopt Resolution No. 2845 authorizing the City Attorney to file a lawsuit to enjoin Nina Campbell from trespassing on City-owned property at 3206 Schadt Street. It was the consensus of the City Council that the recommendation be adopted. G-13650 There was presented Mayor and Council Communication No. G- Res. #2846 13650 from the City Manager recommending that the City Council Payment to adopt Resolution No. 2846 increasing the maximum amount to be Whitaker, Chalk, paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P. from $50,000.00 Swindle & to $70,000.00 as outside counsel to represent the City in the case Sawyer, L.L.P. for of Team Commercial Real Estate, LLC v. The City of Fort Worth, Legal Counsel - Texas, Cause No. 342-181398-99. It was the consensus of the City Team Commercial Real Estate, LLC Council that the recommendation be adopted. v. City of Fort Worth, Cause #342-181398-99 G-13651 There was presented Mayor and Council Communication No. G- Ord. #15135 13651 from the City Manager recommending that the City Council: Citywide Historic 1. Authorize the City Manager to submit a Certified Local Preservation Government grant application in the amount of$10,000.00 to Plan the Texas Historical Commission for the Citywide historic preservation plan and to accept the grant if it is awarded; and 2. Adopt Appropriation Ordinance No. 15135 increasing estimated receipts and appropriations in the Grants Fund in the amount of $16,667.00 subject to the receipt of a grant from the Texas Historical Commission for the purpose of funding and a Citywide historical preservation plan; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 4 of 13 3. Authorize the transfer of $6,667.00 from the FY2003 General Fund budget to the Grants Fund as a grant match, contingent upon approval of the FY2003 Planning Department budget. It was the consensus of the City Council that the recommendation be adopted. G-13652 There was presented Mayor and Council Communication No. G- Reimbursement 13652 from the City Manager recommending that the City Council Payment to Mary authorize a reimbursement payment to Mary J. Bruner in the J. Bruner for amount of $2,000.00 for landscape removal from her property Landscaping located at 3815 Livingston Avenue for construction of the Removal at 3815 Southside II Water Transmission Main (DOE 2608). It was the Livingston consensus of the City Council that the recommendation be Avenue adopted. G-13653 There was presented Mayor and Council Communication No. G- Ord. #15136 13653 from the City Manager recommending that the City Council Amend City adopt Ordinance No. 15136 amending Chapter 35, Water and Code - Sewers, of the Code of the City of Fort Worth (1986), as amended, Emergency by amending Sections 35-23(b). It was the consensus of the City Water Council that the recommendation be adopted. Management Plan G-13654 There was presented Mayor and Council Communication No. G- Delayed Until 13654 from the City Manager recommending that the City Council After Executive approve the appointment by the Board of Directors of the Session Employees' Retirement Fund of Mr. Carl Larry Stovall as the Executive Director of the Employees' Retirement Fund of the City of Fort Worth. City Attorney Yett requested that action on this M&C be delayed until after the Executive Session. P-9622 There was presented Mayor and Council Communication No. P- Mowing 9622 from the City Manager recommending that the City Council Services authorize a purchase agreement with Centex Seeding, Inc. to provide mowing services for the Parks and Community Services Department based on the low bid received in the amount of $25,680.00, with payments due 30 days from the date of the invoice; and authorize this agreement to begin on June 18, 2002, and expire February 26, 2003, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 5 of 13 P-9623 There was presented Mayor and Council Communication No. P- John Deere 2500 9623 from the City Manager recommending that the City Council Greens Mowers authorize the purchase of two new John Deere 2500 greens & Toro 6700D mowers from Austin Turf and Tractor and one new Toro 6700D Tractor Mower tractor mower from Professional Turf and Tractor for the Parks and Community Services Department at a cost not to exceed $78,735.00 with payment due within 30 days of the date the invoice is received with freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9624 There was presented Mayor and Council Communication No. P- OEM Scott Self- 9624 from the City Manager recommending that the City Council Contained authorize a purchase agreement with Hoyt Breathing Air Products Breathing for OEM (original equipment manufacturer) Scott Self-Contained Apparatus Breathing Apparatus (SCBA) equipment for the Fire Department, Equipment SCBA Division at a 30.05 percent discount off the manufacturer's price list, with payment due 30 days from the date of invoice and freight cost included; and authorize this agreement to begin June 18, 2002, and expire June 17, 2003, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9625 There was presented Mayor and Council Communication No. P- Demolition and 9625 from the City Manager recommending that the City Council Abatement authorize the City Manager to execute a purchase agreement with Services ICE Contractors, Inc. for Phase 3/Group 2 of demolition and asbestos abatement services for thirteen residences at Fort Worth Meacham International Airport for the Engineering Department, Real Property Services Division, in the amount of $73,093.50. It was the consensus of the City Council that the recommendation be adopted. L-13331 There was presented Mayor and Council Communication No. L- Condemnation 13331 from the City Manager recommending that the City Council of Land for declare the necessity of condemning a parcel of land located in an Construction of unincorporated area of north Johnson County along the northeast Southside 111 36- side of County Road 920, northwest of State Highway 174, owned Inch Water Line by Elvis C. and Mary J. Culton for one permanent water main Project easement and one temporary construction easement required for the construction of the Southside III 36-Inch Water Line Project (DOE 3416); 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 6 of 13 L-13332 There was presented Mayor and Council Communication No. L- Purchase 13332 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lots 9 and 10, Development of Block 6 (822 Missouri Avenue), Alford and Veals Addition, from Evans Avenue Willie T. Jones, for the development of the Evans Avenue and and Rosedale Rosedale Street Business and Cultural District (DOE 2886) in the Street Business amount of $104,500.00 plus estimated closing costs; and authorize and Cultural the City Manager to execute the appropriate closing documents, District and allow the Engineering Department, Real Property Services Division to file the deed in the City's name. It was the consensus of the City Council that the recommendation be adopted. PZ-2390 There was presented Mayor and Council Communication No. PZ- Ord. #15137 2390 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 15137 vacating a 520-foot long variable width (VA-002-019) alley located in Block 1, Vickery Place Addition, and Lots 1 through 10, Block 13, Harlem Heights Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2391 There was presented Mayor and Council Communication No. PZ- Ord. #15138 2391 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15138 vacating a 10-foot wide by 536-foot Vacation long utility easement, located in Lots 1 and 2, Block C, River Hills (VA-02-016) Phase 1, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-19108 There was presented Mayor and Council Communication No. C- Continued for 19108, dated June 4, 2002, from the City Manager recommending One Week that the City Council: 1. Authorize the City Manager to execute a contract and ancillary loan documents with Volunteers of America (VOA) Texas to acquire the vacant land located at 8017 Calmont Avenue for an amount not to exceed $150,000.00 in Fiscal Year 2000 HOME funds; and 2. Authorize the contract performance period to begin on the date of contract execution and expire six months thereafter; and 3. Authorize the extension or renewal of the contract for an additional six month period, if VOA requests an extension; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 7 of 13 4. Authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. C- 19108 be continued for one week. The motion carried unanimously. C-19121 There was presented Mayor and Council Communication No. C- North Texas 19121 from the City Manager recommending that the City Council BOLD Initiative authorize the City Manager to execute a contract with the North Texas Business Opportunities for Leadership Diversity (BOLD) Initiative in the amount of $25,000.00, for the development and promotion of minorities and women in Fort Worth's corporate workforce. It was the consensus of the City Council that the recommendation be adopted. C-19122 There was presented Mayor and Council Communication No. C- Tarrant County 19122 from the City Manager recommending that the City Council Tax Assessor- authorize the City Manager to execute an agreement between the Collector Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing assessment and collection services of ad valorem taxes levied by the City for the 2002 tax year, which covers the period from October 1, 2002, to September 30, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19123 There was presented Mayor and Council Communication No. C- Fort Worth 19123 from the City Manager recommending that the City Council Chamber authorize the City Manager to enter into an agreement with the Fort Foundation, Inc. Worth Chamber Foundation, Inc. and the Fort Worth Convention and Fort Worth and Visitors' Bureau for the placement of historical markers within Convention and the City's rights-of-way Visitors' Bureau Council Member Davis acknowledged the hard work of Judge King, Catherine Bryan, and Doug Harman on this project and for the design of the historical markers. Mayor Barr echoed Ms. Davis' comments and also expressed appreciation to Downtown Fort Worth, Inc. and everyone involved. Council Member Davis, made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. C- 19123 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 8 of 13 C-19124 There was presented Mayor and Council Communication No. C- Freese and 19124 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute an engineering agreement with Freese and Nichols, Inc. in an amount not to exceed $925,449.00 to prepare plans and specifications for the Holly/Northside II 54-inch Water Main Extension, Contract 1. It was the consensus of the City Council that the recommendation be adopted. C-19125 There was presented Mayor and Council Communication No. C- Reduce Tax 19125 from the City Manager recommending that the City Council Abatement find that Blackstone Hotel is in default of commitments made in its Percentage to tax abatement agreement with the City of Fort Worth (City CSC #23935 - Secretary Contract No. 23935); and authorize the City Manager to Blackstone reduce the percentage amount of taxes to be abated from 75 Hotel percent to 65 percent for the 2002 tax year; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. C-19126 There was presented Mayor and Council Communication No. C- Reduce Tax 19126 from the City Manager recommending that the City Council Abatement find that Southwest Office Systems is in default of commitments Percentage to made in its tax abatement agreement with the City of Fort Worth CSC #21790 — (City Secretary Contract No. 21790); and authorize the City Southwest Manager to reduce the percentage amount of taxes to be abated Office Systems from 75 percent to 65 percent for the 2002 tax year; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Council Member Moss made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. C-19127 There was presented Mayor and Council Communication No. C- Amend CSC 19127 from the City Manager recommending that the City Council #22585 and authorize the City Manager to execute amendments to City #23057 —Waste Secretary Contract Nos. 22585 and 23057 with Waste Management, Management, Inc. to extend the current contracts for a period of six months Inc. through March 31, 2003. The estimated contract amount for this six-month extension for solid waste and recycling collection will be $10,032,663.00. The estimated contract amount for this six-month extension for daily operations at the Southeast Landfill will be $491,106.00. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 9 of 13 C-19128 There was presented Mayor and Council Communication No. C- William J. 19128 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 for sanitary Construction sewer main M-452 extension from south of Basswood Boulevard to Company and Park Glen Boulevard in the amount of $1,334,537.50; and authorize Dell Computer the City Manager to execute a Community Facilities Agreement Corporation with Dell Computer Corporation, the developer, for construction of the sewer extension. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19129 There was presented Mayor and Council Communication No. C- Continued for 19129 from the City Manager recommending that the City Council: One Week 1. Find that due to a material change in conditions, use of the 1998 Capital Improvement Program (CIP) bond funds earmarked for renovation of the Colonial Parkway bridge is not needed; and 2. Authorize that the remaining 1998 CIP bond funds (in the amount of $375,000.00 designated for roadways in community parks) be reprogrammed for the Fort Worth Zoo Parking and Traffic Management Study and the initial implementation of plans and designs developed by the study; and 3. Find that the use of these funds for the Fort Worth Zoo Parking and Traffic Management Study is within the voted purposes of the bonds allocated for roadways in community parks; and 4. Authorize the City Manager to award a consultant services contract to Turner Collie & Braden, Inc. for the Fort Worth Zoo Parking and Traffic Management Study in the amount of $150,000.00; and 5. Authorize the City Manager to add contract alternates as needed. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 19129 be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 10 of 13 Public Hearing It appeared that the City Council at its meeting of June 11, 2002, Montgomery continued the public hearing for the proposed section 108 Grant Park Business Application for Montgomery Park Business Center. Mayor Barr Center asked if there was anyone present desiring to be heard. Continued for One Week Mr. Tom Higgins, Economic Development Director, presented a staff report and requested that the public hearing be continued for one week. There being no one else present desiring to be heard in connection with the proposed Section 108 Grant Application for Montgomery Park Business Center, Council Member Davis made the motion, seconded by Council Member Moss, that the public hearing be continued for one week. The motion carried unanimously. SP-02-0003 It appeared that the City Council, at its meeting of June 11, 2002, Continued Until continued the hearing of the application of Tarrant County for July 9, 2002 property located at 2701 Kimbo Road to amend site plan for "PD- 325" Planned Development for a Detention Center to add four buildings, an 8-foot fence, and a 10-foot setback, Site Plan No.SP- 02-0003. Mayor Barr 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 Tarrant County for property located at 2701 Kimbo Road to amend site plan for "PD-325" Planned Development for a Detention Center to add four buildings, an 8-foot fence, and a 10-foot setback, Council Member Haskin made a motion, seconded by Council Member Davis, that Site Plan No. SP-02-0003 be continued until July 9, 2002. The motion carried unanimously. ZC-02-158 It appeared to the City Council that Resolution No. 2836 was Ord. #15139 adopted on May 21, 2002, setting today as the date for the hearing Text in connection with Zoning Docket No. ZC-02-158, Text Amendment Amendment concerning eligibility for historic tax incentives. Mayor Barr asked Approved if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the recommended changes and amendments to Ordinance No. 15139 Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-158 be adopted and the following ordinance be approved: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 11 of 13 ORDINANCE NO. 15139 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SECTION 4.506 OF SUBSECTION E, "TAX INCENTIVES FOR HISTORIC AND CULTURAL LANDMARKS" TO ADD A CAPTION FOR PARAGRAPH NUMBER ONE ENTITLED "APPLICATION SUBMITTED PRIOR TO THE COMMENCEMENT OF ANY WORK" AND TO ADD A SECOND PARAGRAPH ENTITLED "APPLICATION SUBMITTED AFTER COMMENCEMENT OF WORK FOR WHICH A CERTIFICATE OF APPROPRIATENESS IS NOT REQUIRED" TO ALLOW WORK ON A HISTORICALLY DESIGNATED PROPERTY THAT IS COMPLETED WITHIN FIVE YEARS PRIOR TO THE SUBMISSION OF AN APPLICATION TO BE ELIGIBLE FOR A TAX INCENTIVE; AMEND PARAGRAPHS F 2. AND G. TO DELETE THE LANGUAGE "PRIOR TO THE COMMENCEMENT OF ANY WORK;" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ZC-02-159 It appeared to the City Council that Resolution No. 2836 was Ord. #15140 adopted on May 21, 2002, setting today as the date for the hearing Text in connection with Zoning Docket No. ZC-02-159, Text Amendment Amendment requiring City Council approve of historical design guidelines. ZC-02-159 Mayor Barr asked if there was anyone present desiring to be heard. Approved There being no one present desiring to be heard in connection with the recommended changes and amendments to Ordinance No. 15140 Text Amendment, Council Member Davis made a motion, seconded by Council Member Lane, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-159 be adopted and the following ordinance be approved: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 12 of 13 ORDINANCE NO. 15140 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SUBSECTION A, "SUBMITTAL OF PROPOSED GUIDELINES" AND SUBSECTION B, "ADOPTION BY HISTORIC AND CULTURAL LANDMARKS COMMISSION" OF SECTION 4.505, "ADOPTION OF DESIGN GUIDELINES FOR LANDMARKS AND DISTRICTS" TO REQUIRE THE RECOMMENDATION OF THE ZONING COMMISSION AND APPROVAL OF CITY COUNCIL FOR ALL DESIGN GUIDELINES; AMEND SUBSECTION D, "MODIFICATION OR INVALIDATION OF GUIDELINES" TO REQUIRE ANY MODIFICATION OR INVALIDATION OF GUIDELINES" TO REQUIRE ANY MODIFICATIONS OF THE GUIDELINES TO BE APPROVED BY CITY COUNCIL; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Executive It was the consensus of the City Council that they recess into Session Executive Session at 10:30 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: a) One Trinity Garden and Two Trinity Garden v. City and Building Standards Commission, Cause No. 342- 181330-99; b) Malinda Marie Spence v. City of Fort Worth, Cause No. 17-183600-00; c) Legal issues concerning the Housing Consolidated Plan; d) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 18, 2002 PAGE 13 of 13 2. Discuss 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 551.086 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; and 5. Deliberate concerning the approval of the appointment of an Executive Director of the Employees' Retirement Fund, in accordance with Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:47 a.m. G-13654 There was presented Mayor and Council Communication No. G- Appoint Carl 13654 from the City Manager recommending that the City Council Larry Stovall as approve the appointment by the Board of Directors of the Executive Employees' Retirement Fund of Mr. Carl Larry Stovall as the Director of Executive Director of the Employees' Retirement Fund of the City Employees' of Fort Worth. Council Member Lane made a motion, seconded by Retirement Fund Council Member Picht, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 11:49 a.m. CITY StCRETARY MAYOR