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HomeMy WebLinkAbout2002/06/25-Minutes-City Council CITY COUNCIL MEETING JUNE 25, 2002 Date & Time On the 25th day of June, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:14 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor 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 Jim Conner, First Methodist Church of Fort Worth. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Silcox, the minutes of the regular meeting of June 18, 2002, were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Buffalo Presentations Soldiers Month to Mr. Vernon Newton. Announcements Council Member Lane stated that unfortunately due to the rainstorm June 20, 2002, the City Hall Out North meeting at Diamond Hills-Jarvis High School had to be cancelled. He expressed appreciation to the City staff for their support and informed the viewing and listening audience that the meeting would be rescheduled. Council Member Picht acknowledged Scout Master Scott Brackney and members of Boy Scout Troop 23, Silver Star District. He stated that they were attending the meeting working on their Citizenship in the Community Badge and presented each of them with a City pin. Council Member Silcox expressed his appreciation to Bud Kennedy relative to his newspaper article on the fate that awaits the abandoned dogs and cats. He also stated that an editorial in this morning's Star-Telegram referred to the clean up of Cowtown. He challenged the newspaper to become a part of the process by educating residents about recycling and illegal dumping. Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication No. G-13656 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 2 of 17 Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, to appoint Ms. Willie Mae Westbrook to Place 7 on the Fort Worth Commission on the Status of Women, effective June 25, 2002, and with a term to expire October 1, 2003. Res. #2847 There was presented Resolution No. 2847 by the City Council of Withdrawal of the City of Fort Worth, acknowledging withdrawal of proposed tax Proposed Rate rate schedule filed by TXU Gas Distribution on March 1, 2002, and Schedule — TXU confirming maximum permitted rates and charges that TXU Gas Gas Distribution may assess residential and commercial customers in the City of Fort Worth. Council Member Davis made a motion, seconded by Council Member Wentworth, that the resolution be adopted. The motion carried unanimously. OCS-1287 There was presented Mayor and Council Communication No. OCS- Res. #2848 1287, dated June 11, 2002, from the Office of the City Secretary Cancel and recommending that the City Council adopt Resolution No. 2848 Change Dates canceling regular City Council meetings of July 2, 2002, December and Times of 24, 2002, and December 31, 2002; changing date of the City Council Regularly meeting of August 6, 2002, to August 8, 2002; and changing time of Scheduled City Council meeting of December 3, 2002, from 7:00 p.m. to 10:00 Council a.m. Meetings Mayor Barr stated that the City Manager requested that the language canceling the July 2, 2002 Council meeting be deleted from the resolution. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted with the deletion of any reference to the July 2, 2002 Council meeting. The motion carried unanimously. OCS-1290 There was presented Mayor and Council Communication No. OCS- Claims 1290 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 3 of 17 G-13655 There was presented Mayor and Council Communication No. G- Ord. #15141 13655 from the City Manager recommending that the City Council: Additional Grant Funds from 1. Authorize the City Manager to accept additional funds from TDHCA for the Texas Department of Housing and Community Affairs Weatherization (TDHCA) from the Systems Benefit Fund grant program in Measures in the amount of $112,144.00 for the period January 1, 2002, Tarrant County through August 31, 2002; and 2. Adopt Appropriation Ordinance No. 15141 increasing estimated receipts and appropriations in the Grants Fund in the amount of $112,144.00, subject to the receipt of the grant from the Texas Department of Housing and Community Affairs for the purpose of funding the Systems Benefit Fund (Weatherization Piggyback Program); and 3. Authorize the application of indirect costs at a rate of 12.02 percent, which represents the most recently approved rate for this department. It was the consensus of the City Council that the recommendation be adopted. G-13656 There was presented Mayor and Council Communication No. G- Delayed Until 13656 from the City Manager recommending that the City Council: After Executive Session 1. Approve the settlement of the claims in a lawsuit entitled City of Fort Worth v. Infinity Outdoor, Inc., Case No. 2000- 004459-2, arising from the condemnation of a three-faced billboard owned by Infinity Outdoor, Inc.; and 2. Authorize an additional payment of $146,000.00 to Infinity Outdoor, Inc., with the check made payable to "Infinity Outdoor, Inc."; and 3. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement. Mayor Barr stated that action on this M&C would be delayed until after the Executive Session. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 4 of 17 G-13657 There was presented Mayor and Council Communication No. G- Res. #2849 13657 from the City Manager recommending that the City Council: Ratify Yd Party Petition Against 1. Ratify the Third Party Petition filed against Southwestern SW Bell Bell (SW Bell) Telephone Company in Annie Moody v. City of Telephone Co. — Fort Worth, et al., Cause No. 02-7931-3, in County Court at Annie Moody v. Law Number Three of Tarrant County, Texas; and City of Fort Worth, et al., 2. Adopt Resolution No. 2849 ratifying the pending lawsuit filed Cause No. 02- against Southwestern Bell Telephone Company. 7931-3 It was the consensus of the City Council that the recommendation be adopted. G-13658 There was presented Mayor and Council Communication No. G- CAC Semi- 13658 from the City Manager recommending that the City Council Annual Progress adopt the Citizen's Advisory Committee's (CAC) Semi-Annual Report of Water Progress report of the Water and Wastewater Capital Improvement & Wastewater Plan (CIP), Impact Fees. It was the consensus of the City Council CIP, Impact Fees that the recommendation be adopted. G-13659 There was presented Mayor and Council Communication No. G- Donation from 13659 from the City Manager recommending that the City Council Moncrief authorize the City Manager to accept a donation from the Moncrief Foundation for Foundation for refurbishing improvements valued at $155,000.00 Refurbishment for the Fort Worth Botanic Garden Center. Council Member of FW Botanic Wentworth made a motion, seconded by Council Member Silcox, Garden Center that the recommendation be adopted, with appreciation. The motion carried unanimously. G-13660 There was presented Mayor and Council Communication No. G- Ord. #15142 13660 from the City Manager recommending that the City Council: Ord. #15143 Cleaning Waste 1. Authorize a program to clean the waste slate in Fort Worth Slate in Fort by enhancing the collection of brush and bulky waste and Worth illegally dumped material, educating residents on brush and bulky waste collection procedures, enforcing City solid waste codes and strategically locating containers for interim convenience collection centers; and 2. Adopt Ordinance No. 15142 amending residential garbage collection fees in accordance with Section 12.5-842 of the City Code; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 5 of 17 3. Adopt Appropriation Ordinance No. 15143 increasing estimated receipts and appropriations in the Solid Waste Management Fund up to $562,279.00 for Fiscal Year 2001- 2002 from available funds for the purpose of funding a program to clean the waste slate in Fort Worth. Council Member Davis expressed opposition to the increase in fees to residents Citywide when not all City residents would benefit from the increase. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, and Wentworth NOES: Council Member Davis ABSENT: None G-13661 There was presented Mayor and Council Communication No. G- Contract with 13661 from the City Manager recommending that the City Council Waste authorize the City Manager to execute a contract with Waste Management, Management, Inc. for an enhanced brush and bulky waste program Inc. for for the period July 1, 2002, through March 31, 2003. The estimated Expanded Brush contract amount for this nine-month contract will be $1,256,480.00. and Bulky Waste System Council Member Moss requested that the M&C be amended to include the provision that the M/WBE commitment be the same as that reflected in the existing contract. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted, as amended. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, and Wentworth NOES: Council Member Davis ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 6 of 17 P-9626 There was presented Mayor and Council Communication No. P- Automated 9626 from the City Manager recommending that the City Council External authorize a lease agreement with Cardiac Science, Inc. for 57 Defibrillators automated external defibrillators (AEDs) to be financed through Leasource Financial Services for the Fire Department in five annual payments of $22,740.00, for a total cost of $113,700.00. It was the consensus of the City Council that the recommendation be adopted. P-9627 There was presented Mayor and Council Communication No. P- Truck-Mounted 9627 from the City Manager recommending that the City Council Sewer Cleaner authorize the purchase of one new truck mounted sewer cleaner from Sewer Equipment Company of America through an Interlocal Purchasing Program for the Water Department at a cost not to exceed $75,959.00, with payment due within 30 days of the date of the invoice, freight is included in the unit price. It was the consensus of the City Council that the recommendation be adopted. L-13333 There was presented Mayor and Council Communication No. L- Sale of Tax 13333 from the City Manager recommending that the City Council Foreclosure approve the direct sale of the tax foreclosure property described as Property Lot 16, Block 3, Englewood Heights Addition (3227 Bideker Avenue), to Mr. Gabino E. Magdaleno in accordance with the Texas Tax Code, Section 34.05 (DOE 920); and authorize the City Manager to execute the appropriate deed conveying the property to Mr. Gabino E. Magdaleno, and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13334 There was presented Mayor and Council Communication No. L- Sale of Tax 13334 from the City Manager recommending that the City Council Foreclosure approve the direct sale of tax foreclosure property described as Property Lots 313, 413, 5, 6, and 7, Block 29'/2 D, Glenwood Addition (1905 East Vickery Boulevard), to R&J Unlimited, Inc. in accordance with Section 34.05 of the Texas Tax Code (DOE 920); and authorize the City Manager to execute the appropriate deed conveying the property to R&J Unlimited, Inc. and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13335 There was presented Mayor and Council Communication No. L- Sale of Tax 13335 from the City Manager recommending that the City Council Foreclosure authorize the sale of tax foreclosure property reflected on TAD Property Records described as Tract 71, Abstract No. 1056, Atkin McLemore CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 7 of 17 Survey (2921 East Belknap Street), to BWJW, LLC in accordance with Section 34.05 of the Texas Tax Code (DOE 920); and authorize the City Manager to execute the appropriate deed conveying the property to BWJW, LLC and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13336 There was presented Mayor and Council Communication No. L- Permanent 13336 from the City Manager recommending that the City Council Water Main approve the acceptance of one permanent water main easement Easement described as A 1497, Lot 1, Van Zandt Farms, Tarrant County, Texas, from Kenneth Reed for Chapel Hill Addition (DOE 3733) needed for the purpose of the construction and maintenance of a water main across property located east on Old Decatur Road for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13337 There was presented Mayor and Council Communication No. L- Lease 13337 from the City Manager recommending that the City Council Agreement for T- authorize the City Manager to execute a T-Hangar Lease Hangar Unit 24S- Agreement with Pat Wallace for T-Hangar Unit 24S-8 at Fort Worth 8 at Fort Worth Meacham International Airport. It was the consensus of the City Meacham Council that the recommendation be adopted. Airport L-13338 There was presented Mayor and Council Communication No. L- Permanent 13338 from the City Manager recommending that the City Council Easement authorize the conveyance of one permanent easement described as part of J. N. Reed Survey, Abstract No. 1314, Tarrant County, Texas, to Oncor Electric Delivery Company to serve sanitary sewer lift station No. 9 at Dosier Creek (DOE 3075) for a cost of $1.00; and authorize the City Manager to execute the appropriate instruments. Council Member Moss informed Council that he had a conflict with this issue, had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 8 of 17 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss C-19108 There was presented Mayor and Council Communication No. C- Volunteers of 19108, dated June 4, 2002, from the City Manager recommending America Texas 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 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 Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19129 There was presented Mayor and Council Communication No. C- Turner Collie & 19129, dated June 18, 2002, from the City Manager recommending Braden, Inc. that the City Council: 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 CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 9 of 17 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 Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be denied. The motion carried unanimously. C-19129 Revised There was presented Mayor and Council Communication No. C- Turner Collie & 19129 Revised from the City Manager recommending that the City Braden, Inc. Council: 1. Authorize that the remaining 1998 CIP bond funds (in the amount of $375,000.00 designated for roadways in community parks to be used for renovation of Colonial Parkway bridge) 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 2. 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 3. 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 CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 10 of 17 4. Authorize the City Manager to add contract alternates as needed. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-19130 There was presented Mayor and Council Communication No. C- Amendment #2 19130 from the City Manager recommending that the City Council to CSC #26612 — authorize the City Manager to execute Amendment No. 2 to City URS Greiner Secretary Contract No. 26612 with URS Greiner Woodward Clyde Woodward for design of drainage improvements at the East Rosedale Street Clyde and proposed Fire Station No. 8 in the net amount of $28,329.75, thereby increasing the contract amount to $135,031.75. It was the consensus of the City Council that the recommendation be adopted. C-19131 There was presented Mayor and Council Communication No. C- Change Order#7 19131 from the City Manager recommending that the City Council to CSC #26482 — authorize the City Manager to execute Change Order No. 7 to City Kinsel Secretary Contract No. 26482, a construction contract with Kinsel Industries, Inc. Industries, Inc., for the North Holly Water Treatment Plant Improvements, Phase I, in the amount of $40,728.00, thereby increasing the contract amount to $20,857,873.91. It was the consensus of the City Council that the recommendation be adopted. C-19132 There was presented Mayor and Council Communication No. C- West/Loop 820 19132 from the City Manager recommending that the City Council Partners authorize the City Manager to execute a Community Facilities Agreement with West/Loop 820 Partners for the installation of community facilities for Settlement Plaza Addition, Phase II. Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-19133 There was presented Mayor and Council Communication No. C- Hillwood 19133 from the City Manager recommending that the City Council Residential authorize the City Manager to execute a Community Facilities Texas, L.P. Agreement with Hillwood Residential Texas, L.P. for the installation of an offsite sewer to serve Heritage Addition, Phase 2A, Section 4 on North Riverside Drive, east of IH-35 in far north Fort Worth. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 11 of 17 C-19134 There was presented Mayor and Council Communication No. C- City of 19134 from the City Manager recommending that the City Council Southlake authorize the City Manager to execute a uniform wholesale water contract with the City of Southlake; and authorize the City Manager to execute an interim 60-day contract for treated water service with Southlake under the same terms and conditions contained in the current contract, if necessary. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-19135 There was presented Mayor and Council Communication No. C- Ord. #15144 19135 from the City Manager recommending that the City Council Linebarger authorize the City Manager to execute a contract with Linebarger Goggan Blair Goggan Blair Pena & Sampson, LLP, a Texas law firm, to provide Pena & collection services for Municipal Court; and authorize this Sampson, LLP agreement to begin October 1, 2002, and expire September 30, 2003, with options to renew for three additional one-year periods; and adopt Ordinance No. 15144 adding Section 10-9 to Chapter 10, Courts, of the Code of the City of Fort Worth (1986), as amended, to authorize the addition of collection fees in the amount of thirty percent on fines, fees, restitution and other debts or costs ordered to be paid by the court. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council at its meeting of June 18, 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. Mr. Tom Higgins, Economic Development Director, appeared before the City Council and recommended that the public hearing be closed and no further action be taken on this issue and it should be referred to the July 9, 2002 Economic Development Committee meeting. 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 a motion, seconded by Council Member Wentworth, that the public hearing be closed. The motion carried unanimously. Public Hearing It appeared that the City Council at its meeting of May 28, 2002, 19246 th Avenue continued the public hearing for the Appeal of the Order of the Continued for Building Standards Commission regarding 1924 6t" Avenue. Mayor Two Weeks Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 12 of 17 Mr. Carl Smart, Code Compliance Director, appeared before the City Council and stated that the repair to this property was over 90 percent complete and most permits had been signed. He recommended Council continue the public hearing for two weeks. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 1924 6t" Avenue, Council Member Davis made a motion, seconded by Council Member Lane, that the public hearing be continued for two weeks. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 2116 Danner hearing for the Appeal of the Order of the Building Standards Street Commission regarding 2116 Danner Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before the City Council, presented a staff report regarding property located at 2116 Danner Street, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$7,000.00. Oke A. Ogbimi Mr. Oke A. Ogbimi, 2922 Pegasus Court, Grand Prairie, Texas, appeared before Council and stated that he was victimized by contractors whom he paid but did not complete the repairs. He added that the fine imposed was excessive based on these events and would only impede his ability to complete repairs. He further stated that he intended to complete repair on the property and either rent or sell it. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 2116 Danner Street, Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, to reduce the civil penalty to $3,500.00 if the repair to the property was completed by August 15, 2002, but the full civil penalty of $7,000.00 would be assessed if all repairs were not completed by that time. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 13 of 17 Public Hearing It appeared that the City Council set today as the date for the first Proposed public hearing for the proposed annexation of 3.26 acres of land, Annexation of being all that tract of land situated in the William Evans Survey, 3.26 Acres of Abstract No. 467, of which said tract being within unincorporated Land Out of Tarrant County, Texas, said tract being a portion of a tract deeded William Evans to Havener Rupert Limited Partnership, Tarrant County, Texas Survey (Annexation Case No. AX-02-0002). Mayor Barr asked if there was (AX-02-0002) anyone present desiring to be heard. Cathy Davidson, representing the Development Department, appeared before the City Council, presented a staff report and advised Council that staff should be directed to publish notice setting July 9, 2002, as the second public hearing. Council Member Davis requested that staff provide a map that delineated the current location City boundaries so as to ascertain whether the Council was passing over a larger area to voluntarily annex an area or an area immediately adjacent to the current City boundary. Mayor Barr inquired if the Council had the ability to modify this annexation to add the remaining half of the enclave, thereby annexing the entire enclave at one time. City Attorney Yett stated that the notification process would have to be reinitiated and a new timetable established. Mayor Barr advised City Manager Jackson that if the City was going to annex one half of an enclave, a strategy should be developed that would annex the entire enclave. Council Member Haskin stated that Highway 377 was in the City limits and expressed concern with the only access to this area being through the Park Glen neighborhood, a Public Improvement District (PID). She stated that the City would be annexing an area adjacent to the PID and that if the developer built residential properties in this area, PID homes would be located next to non- PID homes. Mr. Bob Riley, Development Department Director, stated that he would contact the applicant relative to voluntarily being added to the PID. Council Member Davis stated that, while the City was in negotiations for the voluntary annexation, she hoped the applicant would make a commitment to enter into the PID before the Council takes a final vote. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 14 of 17 Mayor Barr stated that as the other property comes forward for development, it would also be beneficial for them to be part of the PID and asked staff to work on annexing the balance of the enclave to the south. There being no one else present desiring to be heard in connection with the first public hearing for the proposed annexation of 3.26 acres of land, being all that tract of land situated in the William Evans Survey, Abstract No. 467, of which said tract being within unincorporated Tarrant County, Texas, said tract being a portion of a tract deeded to Havener Rupert Limited Partnership, Tarrant County, Texas (Annexation Case No. AX-02-0002), Council Member Silcox made a motion, seconded by Council Member Davis, that the first public hearing be closed and that the second public hearing be set for July 9, 2002. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the first Proposed public hearing for the proposed annexation of 28.209 acres of land, Annexation of being all that tract of land in Tarrant County, Texas, a part of the L. 28.209 Acres of Hansbrough Survey, Abstract No. 747, a part of the J. R. Knight Land Out of Part Survey, Abstract No. 902, and being all of that land conveyed to of L. Eldon D. Hill, Tarrant County, Texas (Annexation Case No. AX-02- Hansbrough 0003). Mayor Barr asked if there was anyone present desiring to be Survey and Part heard. of J.R. Knight y Cathy Davidson, representing the Development Department, Survey appeared before the City Council, presented a staff report and advised Council that staff should be directed to publish notice setting July 9, 2002, as the second public hearing. Council Member Davis requested staff provide photographs of how the area had been developed and that a cost benefit analysis be prepared relative to infrastructure improvements. Mayor Barr requested that staff provide profile information relative to the remaining portion of the enclave, as it would be helpful to have an overview of the entire area. Council Member Haskin stated that residential development of the area would negatively impact the Keller Independent School District (KISD) if the developer builds on smaller lots. Mayor Barr asked if there was a consensus of the Council to restrict development of 5,000 square foot lots and also asked at what point does Council have the ability to influence the process. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 15 of 17 Mr. Riley replied that once Council received the Zoning Commission's recommendation, Council could determine the appropriate zoning. Mayor Barr asked City Manager Jackson to communicate with the developer to determine if the development opportunities in the area were in concert with City objectives; some reduction in density that was negatively impacting the KISD. He added that the Council would like the property developed, but developed in conjunction with the City's vision for that area. There being no one else present desiring to be heard in connection with the first public hearing for the proposed annexation of 28.209 acres of land, being all that tract of land in Tarrant County, Texas, a part of the L. Hansbrough Survey, Abstract No. 747, a part of the J. R. Knight Survey, Abstract No. 902, and being all of that land conveyed to Eldon D. Hill, Tarrant County, Texas (Annexation Case No. AX-02-0003), Council Member Silcox made a motion, seconded by Council Member Wentworth, that the first public hearing be closed and that the second public hearing be set for July 9, 2002. The motion carried unanimously. Citizen Mr. Rick Ruebsamen, 14268 Maxwell Court, appeared before Presentations Council in opposition of the proposed annexation of the area Rick Ruebsamen northwest of H287. He expressed concern with the City's capability to provide services by the Police Department. Darlia Hobbs Ms. Darlia Hobbs, 8113 Anchorage Place, appeared before Council and stated that involuntary annexation was unconstitutional. She added that the cost benefit analysis relative to the Far West side was inaccurate and asked that she be provided a written response as to why the Cass Edwards Ranch was excluded from the proposed annexation. She extended an invitation to the Council to attend the Texas Tea Party June 29, 2002, from 2:00 p.m. to 4:00 p.m. at the south end of Trinity Park on University. She also suggested a change to the annexation process that would allow for a two-week review of annexation plans by a panel of six residents from each of the affected areas. Deborah Ms. Deborah Jackson, 3813 Harbour Creek Court, appeared before Jackson Council in opposition of the proposed annexation and stated that the annexation would create a larger deficit in Police personnel. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 16 of 17 Scott Brackney Mr. Scott Brackney, 3013 Bourbon Street, appeared before Council and stated that garbage collection would benefit by neighbors consolidating pick up locations by combining their waste. He added that it would be a time and cost savings, would reduce the wear and tear on vehicles, reduce injuries, and provide for cleaner neighborhoods. Mayor Barr stated that staff would review his proposals. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:36 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Malinda Marie Spense v. City of Fort Worth, et al, Cause No. 17-183600-00; b) Legal issues concerning the Housing Consolidated Plan; c) Legal issues concerning any City Council agenda item; and 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. Reconvened The City Council reconvened into regular session at 11:52 a.m. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 25, 2002 PAGE 17 of 17 G-13656 There was presented Mayor and Council Communication No. G- Settlement of 13656 from the City Manager recommending that the City Council: Claims in Lawsuit— City of 1. Approve the settlement of the claims in a lawsuit entitled Fort Worth v. City of Fort Worth v. Infinity Outdoor, Inc., Case No. 2000- Infinity Outdoor, 004459-2, arising from the condemnation of a three-faced Inc., Case No. billboard owned by Infinity Outdoor, Inc.; and 2000-004459-2 2. Authorize an additional payment of $146,000.00 to Infinity Outdoor, Inc., with the check made payable to "Infinity Outdoor, Inc."; and 3. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None Adjournment There being no further business, the meeting was adjourned at 11:55 a.m. CITY S R TARY MAYOR