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HomeMy WebLinkAbout2000/08/22-Minutes-City Council CITY COUNCIL MEETING AUGUST 22, 2000 Date & Time On the 22nd day of August A.D., 2000, 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 Bob Terrell; 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 Dr. Joseph B. LaRue, Living Word Fellowship Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Haskin, the minutes of the regular meeting of August 15, 2000, were approved unanimously. Special Council Member Davis presented a Proclamation for League of Presentations Women Voters of Tarrant County Day to Ms. Tracy Gross, Co- President. Ms. Gross thanked the Council for the proclamation and encouraged their continued support in promoting the voting effort for women. Ms. Judy Harman, Chairwoman, Sister Cities Trier Executive Committee, introduced members of the Professional Intern Exchange Program from Trier, Germany participating in the exchange program with Bank One and the Fort Worth Fire Department. The interns thanked the Council for the opportunity to participate in the program. Council Member Picht presented a City pin to the interns. Ms. Harman expressed her appreciation Fire Chief Larry McMillen and Captain Pat Vasquez for their assistance and also thanked the Council for their continued support of the exchange program. Mr. Brian Boerner, Director of the Environmental Management Department, briefed the Council on the City's Ozone Program. Council Member Wentworth drew the names of the mid-season City Employee Ozone Incentive grand prize drawing winners. Prizes were awarded to the following City employees: Mark Lusch $1,000.00 Travel Voucher Steve Benjamin $500.00 Gift Certificate Mary Evans Electric Lawnmower CITY COUNCIL MEETI NI-05- FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 2 of 16 Announcements Council Member Picht commended Fire Chief McMillen and the members of the Fort Worth Fire Department for their quick response to a fire on McCart Avenue this past weekend. Council Member Haskin announced that the last meeting for District 4 regarding solid waste would be held at 7:00 p.m. tonight at the Woodhaven Country Club and invited all interested persons to attend. Council Member Lane announced that a meeting on noise mitigation and buy out around Meacham Airport would be held next Tuesday, August 29, 2000, at 6:30 at the North Tri-Ethnic Community Center and invited the public to attend. Council Member Davis announced that the second meeting of the Project Development Team for the 121 Project would take place August 24, 2000 at 4:00 p.m. in the South Texas Room of the Will Rogers Memorial Complex. City Manager Terrell welcomed his aunt, Ms. Maggie Ratcliff who was visiting Fort Worth from Mississippi. Consent Agenda On motion of Council Member Wentworth, seconded by Council Member Davis, the consent agenda was adopted unanimously. Res. # 2658 There was presented Resolution No. 2658 from the City Council Authorizing authorizing additional penalty on delinquent taxes under Additional Section 33.08, Tax Code. Council Member Davis made a Penalty on motion, seconded by Council Member Wentworth, that the Delinquent recommendation be adopted. The motion carried unanimously. Taxes Res. # 2659 There was presented Resolution No. 2659 from the City Council Approving FY approving the fiscal year 2000-01 Tarrant County 9-1-1 2000-01 Tarrant Emergency Assistance District Budget to begin October 1, 2000. County Council Member Lane made a motion, seconded by Council 9-1-1 District Member Davis, that the recommendation be adopted. The Budget motion carried unanimously. OTY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 3 of 16 Res. # 2660 There was presented Resolution No. 2660 from the City Council Nominating nominating Valeo Electrical Systems, Inc. as an Enterprise Valeo Electrical Project pursuant to Chapter 2303, Subchapter F of the Texas Systems, Inc. as Enterprise Zone Act, Texas Government Code. Council Member an Enterprise Wentworth made a motion, seconded by Council Member Davis, Project that the recommendation be adopted. The motion carried unanimously. OCS-1159 There was presented Mayor and Council Communication No. Claims OCS-1159 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-12991 There was presented Mayor and Council Communication No. G- Establishment of 12991 from the City Manager recommending that the City PID No. 7 Council: 1. Receive the petition for establishment of the Fort Worth Public Improvement District No. 7 (PID No. 7) for the Heritage residential area; and 2. Accept the application fee of $150.00 to be used by City staff for petition verification and establishing a proposed assessment roll; and 3. Direct the City Manager and City Attorney to review the petition to determine whether the petition includes the necessary signatures and meets all pertinent requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act). It was the consensus of the City Council that the recommendation be adopted. G-12992 There was presented Mayor and Council Communication No. G- Approval of Fee 12992 from the City Manager recommending that the City Schedule for FW Council authorize the fee schedule to be used for the Small Small Business Business Hazardous Waste Pilot Program for Fort Worth Small Hazardous Business Owners at the Environmental Collection Center Waste Pilot beginning October 1, 2000. It was the consensus of the City Program Council that the recommendation be adopted. CITY COUNCIL MEETI N FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 4 of 16 G-12993 There was presented Mayor and Council Communication No. G- Authorize 12993 from the City Manager recommending that the City Relocation and Council authorize the payment of relocation and moving Moving Expense expenses to displaced homeowners in connection with the Fort for FW Alliance Worth Alliance Airport Noise Mitigation Program. The Airport Noise maximum payment amount to each homeowner is $22,500.00 Mitigation for relocation and up to $7,500.00 in related moving expenses. Program The maximum total amount will be $300,000.00. It was the consensus of the City Council that the recommendation be adopted. G-12994 There was presented Mayor and Council Communication No. G- Proposed Water 12994 from the City Manager recommending that the City Department Council approve the fee schedule for laboratory analyses for Laboratory Fees use by the Water Department Central Laboratory to recover costs for services provided to other entities, effective October 1, 2000. It was the consensus of the City Council that the recommendation be adopted. G-12995 There was presented Mayor and Council Communication No. G- Settlement of 12995 from the City Manager recommending that the City Claim Council: 1. Approve the settlement of the claim filed by Elizabeth Spiegel and her attorney Leland Reinhard; and 2. Authorize the City Manager to expend the sum of $50,000.00 for the settlement agreed to by Elizabeth Spiegel, her attorney, and the City of Fort Worth; and 3. Authorize the checks to be issued as follows: $50,000.00 payable to Elizabeth Spiegel and her attorney, Leland Reinhard. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. P-9162 There was presented Mayor and Council Communication No. P- Purchase of 9162 from the City Manager recommending that the City Council Two-Engine authorize the purchase of a two-engine rescue hovercraft boat Rescue for the Fire Department from GPL Enterprises, Inc. on the basis Hovercraft Boat of sole source with payment due 15 days from invoice date, for an amount not to exceed $33,535.00. It was the consensus of the City Council that the recommendation be adopted. 9TY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 5of16 P-9163 There was presented Mayor and Council Communication No. P- Purchase 9163 from the City Manager recommending that the City Council Agreement for authorize: Access to Online Database 1. A purchase agreement for access to an online periodical System database system for the Library Department with The Gale Group based on the low bid meeting City specifications for an estimated cost of $29,990.00, with payment due 30 days from the date of invoice; and 2. This agreement to begin August 22, 2000, and expire August 21, 2001, with options to renew for four (4) additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9164 There was presented Mayor and Council Communication No. P- One Time 9164 from the City Manager recommending that the City Council Purchase for authorize a one-time purchase agreement for storm cleanup Storm Clean-Up service with Hulcher Services, Inc. for the Parks and Services Community Services Department based on low responsive bid received for an amount not to exceed $22,949.00 with payment due 30 days from invoice date. It was the consensus of the City Council that the recommendation be adopted. P-9165 There was presented Mayor and Council Communication No. P- Purchase 9165 from the City Manager recommending that the City Council Agreement for authorize: Electrical Services 1. A purchase agreement for electrical services with Wheco Electric for the City of Fort Worth, based on the low bid received with payments due 30 days after receipt of invoice; and 2. This agreement to begin September 1, 2000, and expire August 31, 2001, with two (2) one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETIR FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 6 of 16 P-9166 There was presented Mayor and Council Communication No. P- Purchase of 9166 from the City Manager recommending that the City Council Entry Control authorize the purchase of an entry control system from multiple System vendors for the Municipal Court based on low bid of line items as follows: a) Control Screening — Items 1 and 2 for a cost not to exceed $24,317.00, with freight prepaid and added, payments due 30 days from date of invoice; and b) Garrett Metal Detectors — Items 3-5 for a cost not to exceed $4,399.83, with a two percent discount if paid within 10 days, net payments due 30 days from date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9167 There was presented Mayor and Council Communication No. P- Purchase 9167 from the City Manager recommending that the City Council Agreement for authorize: Laboratory Gases and 1. A purchase agreement for laboratory gases and supplies Supplies with P G Walker for the Water Department, based on the overall low bid of unit prices meeting specifications. Shipping costs are included in the unit prices with payments due 30 days from date of invoice; and 2. This agreement to begin August 22, 2000, and expire on August 21, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9168 There was presented Mayor and Council Communication No. P- Purchase 9168 from the City Manager recommending that the City Council Agreement for authorize the City Manager to execute a purchase agreement Equipment and with Southwestern Bell for equipment and installation of a new Installation of Private Branch Exchange (PBX) equipped with an Automatic Private Branch Call Distributing System (ACD) using State of Texas Catalogue Exchange Purchasing Procedures for a fee not to exceed $95,500.00. It was the consensus of the City Council that the recommendation be adopted. • qTY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 7 of 16 P-9169 There was presented Mayor and Council Communication No. P- Reject RFP for 9169 from the City Manager recommending that the City Council Information authorize the rejection of all responses to the requests for Management proposal (RFP) for Information Management and Systems and Systems Planning Software for the Human Resources Department. Planning Council Member Davis made a motion, seconded by Council Software Member Wentworth, that the recommendation be adopted. The motion carried unanimously. L-12871 There was presented Mayor and Council Communication No. L- Authorize Sale 12871 from the City Manager recommending that the City of City-Owned Council approve the sale of City-owned Lake Worth Land Lake Worth located at 4321 Clarke Drive (Lot 1, Block 10, Lake Worth Lease Land — 4321 Survey) to the Texas Department of Transportation (TxDOT) for Clarke Drive the expansion of State Highway 199. It was the consensus of the City Council that the recommendation be adopted. L-12872 There was presented Mayor and Council Communication No. L- Acceptance of 12872 from the City Manager recommending that the City Dedication of Council approve the acceptance of a dedication of traffic signal Traffic Signal maintenance easement described as Lots 21 and 22, Block 155, Maintenance and a dedication of right-of-way described as Lots 20 and 21, Easement and Block 155, Chamberlin Arlington Heights, Tarrant County, Dedication of Texas, from the Fort Worth Independent School District (FWISD) Right-of-Way (DOE 3098) for a total cost of$2.00. Council Member Moss informed Council that his wife was a member of the FWISD Board, that he had filed a Conflict of Interest affidavit with the City Secretary, and stated that he would abstain from voting on this issue. Council Member Wentworth 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, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss CITY COUNCIL MEETA 0 FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 8of16 L-12873 There was presented Mayor and Council Communication No. L- Unimproved 12873 from the City Manager recommending that the City Ground Lease Council authorize the City Manager to execute an Unimproved for Property at Ground Lease with API Acquisition Corporation d/b/a The Meacham Upholstery Shop, Inc., for 180,000 square feet of property at International Meacham International Airport known as Site 44N for the Airport construction of a 55,000 square foot hangar with related improvements. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-12874 There was presented Mayor and Council Communication No. L- License 12874 from the City Manager recommending that the City Agreements Council authorize the City Manager to execute two license With agreements with Voicestream Wireless for installation and Voicestream operation of Personal Communications Systems Wireless communications equipment on the Calmont Elevated Tank and Northwest Elevated Tank water towers. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2223 There was presented Mayor and Council Communication No. Annexation of PZ-2223 from the City Manager recommending that the City 405.525 Acres of Council: Land Out of the Allen Henderson 1. Approve the annexation timetable in order to annex Survey, Abstract 405.525 acres of land out of the Allen Henderson Survey, No. 596, the F. Abstract No. 596, the F. Huston Survey, Abstract No. Huston Survey, 597, and the Lewis Medlin Survey, Abstract No. 830, Abstract No. Denton County, Texas, Annexation Case No. A-00-12, in 597, and the compliance with the requirements of Chapter 43 of the Lewis Medlin Local Government Code of the State of Texas; and Survey, Abstract No. 830 2. Direct staff to prepare a service plan that provides for the extension of full municipal services to the annexation area. It was the consensus of the City Council that the recommendation be adopted. • 1@TY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 9 of 16 PZ-2224 There was presented Mayor and Council Communication No. Ord. # 14306 PZ-2224 from the City Manager recommending that the City Utility Easement Council adopt Ordinance No. 14306 vacating various 5 and 10 Vacation foot utility easements, situated in Lots A thru H and J, Block 1, VA-00-077 Frank M. Anderson Subdivision, Fort Worth, Tarrant County, Texas (VA-00-077). It was the consensus of the City Council that the recommendation be adopted. PZ-2225 There was presented Mayor and Council Communication No. Ord. # 14307 PZ-2225 from the City Manager recommending that the City Utility Easement Council adopt Ordinance No. 14307 vacating two separate utility Vacations easements situated in the John F. Heath Survey, Abstract No. VA-00-030 641, and a part of Lot 2R1, Block 2, Cityview Addition, City of Fort Worth, Tarrant County, Texas (VA-00-030). It was the consensus of the City Council that the recommendation be adopted. PZ-2226 There was presented Mayor and Council Communication No. Ord. # 14308 PZ-2226 from the City Manager recommending that the City Alley Vacations Council adopt Ordinance No. 14308 vacating an alley located VA-99-081 between Lot 1-R-1, Block 59 and Lot 1, Block 60, Factory Place Addition, and running north of Birchman Avenue, Fort Worth, Tarrant County, Texas (VA-99-081). It was the consensus of the City Council that the recommendation be adopted. PZ-2227 There was presented Mayor and Council Communication No. Ord. # 14309 PZ-2227 from the City Manager recommending that the City Utility Easement Council adopt Ordinance No. 14309 vacating an utility easement Vacation located in Lot 1, Block 1, First United Methodist Church of Fort VA-00-024 Worth Addition, between Henderson Street and Florence Street, Fort Worth, Tarrant County, Texas (VA-00-024). It was the consensus of the City Council that the recommendation be adopted. PZ-2228 There was presented Mayor and Council Communication No. Ord. # 14310 PZ-2228 from the City Manager recommending that the City Street Right-of- Council adopt Ordinance No. 14310 vacating a variable width Way Vacation and length segment of Old Handley Road, situated in the S. G. VA-00-011 Jennings Survey, Abstract No. 843, generally located as beginning at the southwest corner of Lot A-R, Block 1, Kell Estates Division, and continuing west approximately 220 feet to an end point, Fort Worth, Tarrant County, Texas, (VA-00-011). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETIR FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 10 of 16 PZ-2229 There was presented Mayor and Council Communication No. Ord. # 14311 PZ-2229 from the City Manager recommending that the City Alley Vacation Council adopt Ordinance No. 14311 vacating an alley between VA-00-012 Cantey Street and the north line of Lot 5, Block 7 and further located between Lots 5 through 24, Block 7, University Place Addition, save and except the east 6-foot wide portion between Lots 5 and 24, Block 7, Fort Worth, Tarrant County, Texas (VA- 00-012). Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18193 There was presented Mayor and Council Communication No. C- Freese & 18193 from the City Manager recommending that the City Nichols, Inc. Council authorize a contract with Freese & Nichols, Inc. to obtain a Title V Air Permit and a Permit Modification from the Texas Natural Resource Conservation Commission (TNRCC) for the City's southeast landfill, at a cost not to exceed $76,104.00. It was the consensus of the City Council that the recommendation be adopted. C-18194 There was presented Mayor and Council Communication No. C- Davila 18194 from the City Manager recommending that the City Construction, Council authorize the City Manager to execute a contract with Inc. Davila Construction, Inc. in the amount of $215,277.35 for Main 195AR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 4) Part 3, Unit 2. It was the consensus of the City Council that the recommendation be adopted. C-18195 There was presented Mayor and Council Communication No. C- Southern 18195 from the City Manager recommending that the City Paradise Council authorize the City Manager to execute a contract with Construction, Southern Paradise Construction, Inc. in the amount of Inc. $241,971.00 for Main 195AR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 4) Part 3, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-18196 There was presented Mayor and Council Communication No. C- Ord. # 14312 18196 from the City Manager recommending that the City Interlocal Council: Agreement with TNRCC qTY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 11 of 16 1. Authorize the City Manager to execute an agreement with the Texas Natural Resource Conservation Commission (TNRCC) in the amount of $60,000.00 to operate three continuous air monitoring stations; and 2. Authorize a non-interest bearing inter-fund loan from the Environmental Management Fund to the Grants Fund in the amount of $15,000.00 for interim financing of 25 percent of this project pending contract execution; and 3. Adopt Appropriation Ordinance No. 14312 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $60,000.00 from available funds for the purpose of funding an Interlocal agreement with the Texas Natural Resource Conservation Commission for the operation of three continuous air monitoring stations. It was the consensus of the City Council that the recommendation be adopted. C-18197 There was presented Mayor and Council Communication No. C- Amend Sign 18197 from the City Manager recommending that the City Agreement with Council consider approval of a revised Unified Sign Agreement Southwest for Southwest Crossings Development located at Bryant Irving Crossings Road and SH 183. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-18198 There was presented Mayor and Council Communication No. C- Community 18198 from the City Manager recommending that the City Facilities Council authorize the City Manager to execute a Community Agreement— Facilities Agreement with the Performing Arts of Fort Worth for Performing Arts a fixed fee of $50,000.00 for the installation of Brick Paver of Fort Worth Sidewalk for the Rehearsal Hall Facility. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. C-18199 There was presented Mayor and Council Communication No. C- Community 18199 from the City Manager recommending that the City Facilities Council authorize the City Manager to execute a Community Agreement— Facilities Agreement with Hillwood Development Corporation Hillwood for the installation of community facilities for construction of a Development 10-inch water line connection to serve American Airlines. Corporation CITY COUNCIL MEETIN 0 FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 12 of 16 Council Member Picht informed Council that he had filed a Conflict of Interest affidavit with the City Secretary, and stated that he would abstain from voting on this issue. Council Member Silcox made a motion, seconded by Council Member Lane, 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, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Picht C-18200 There was presented Mayor and Council Communication No. C- Authorize City 18200 from the City Manager recommending that the City Manager to Council authorize the City Manager to execute contracts with Execute School the Fort Worth Independent School District, Keller Independent Security School District, Crowley Independent School District, and Initiative Everman Independent School District, to operate the School Contracts Security Initiative. Council Member Moss informed Council that his wife was a member of the FWISD Board, that he had filed a Conflict of Interest affidavit with the City Secretary, and stated that he would abstain from voting on this issue. Mayor Pro tempore McCloud 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,Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss OTY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 13 of 16 C-18201 There was presented Mayor and Council Communication No. C- Reject Bids for 18201 from the City Manager recommending that the City Security and Council authorize the City Manager to reject all bids received for Site Lighting at the construction of security and site lighting at the Fort Worth Botanic Garden Botanic Garden. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of 40.000 acres of land Case No. A-00- out of the Charles Tydings Survey, Abstract No. 1276 and J. Ivy 10, Charles Survey, Abstract No. 649, Denton County, Texas, Annexation Tydings Survey, Case No. A-00-10. Mayor Barr asked if there was anyone Abstract No. present desiring to be heard. 1276 and J. Ivy Survey, Abstract Mr. Kevin Lasher, representing the Development Department, No. 649 appeared before the City Council, presented a staff report, and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of September 12, 2000. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 40.000 acres of land out of the Charles Tydings Survey, Abstract No. 1276 and J. Ivy Survey, Abstract No. 649, Denton County, Texas, Annexation Case No. A-00-10, Council Member Lane made a motion, seconded by Council Member Haskin, that the second public hearing be closed and staff be directed to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Annexation second public hearing for the annexation of 2.662 acres of land Case No. A-00- out of the James Eads Survey, Abstract No. 410, Denton 11, James Eads County, Texas, Annexation Case No. A-00-11. Mayor Barr asked Survey, Abstract if there was anyone present desiring to be heard. No. 410 Mr. Kevin Lasher, representing the Development Department, appeared before the City Council, presented a staff report, and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of September 12, 2000. CITY COUNCIL MEETIN e FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 14 of 16 There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 2.662 acres of land out of the James Eads Survey, Abstract No. 410, Denton County, Texas, Annexation Case No. A-00-11, Council Member Lane made a motion, seconded by Council Member Moss, that the second public hearing be closed and staff be directed to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a 2820 Ross public hearing for the Appeal of the Order of the Building Avenue Standards Commission regarding 2820 Ross Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 2820 Ross Avenue and advised Council that staff was recommending that the City Council uphold the decision of the Building Standards Commission for assessment of the civil penalty in the amount of$11,400.00. Joseph Yamin Mr. Joseph Yamin, 1701 Grand Avenue, representing the owner of the property, appeared before Council in opposition of the civil penalty. He briefed Council on the problems he had filing the deed. Mr. Bounds provided comments in rebuttal stating that anyone who purchases property was fully accountable to what is required under existing Building and Standard Commission (BSC) orders. He added that although Mr. Yamin completed repairs on the property, the repairs were started after the expiration deadline set by the BSC. Mr. Yamin stated that he buys property and makes the repairs necessary to bring the property up to code, improve the neighborhoods, and add properties back onto the tax role. There being no one else present desiring to be heard, Council Member Lane made a motion, seconded by Council Member Moss, that the public hearing be closed and that the City Council waive the civil penalty with the condition that the taxes and abatement fees be paid by the close of this business day. The motion carried by the following vote: �TY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 15 of 16 AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, Wentworth, and Davis NOES: Mayor Barr ABSENT: None Budget Hearing It appeared to the City Council that they set today as the date for the continuation of a hearing in connection with the proposed budget for 2000-2001 fiscal year to give every interested person or citizen opportunity to be heard. Mayor Barr stated that the hearing would remain open until the budget was approved. It appeared that the City Council, at its meeting of August 8, 2000, continued the hearing of the Zoning Docket No. Z-00-048, Text Amendment amending the Comprehensive Zoning Ordinance No. 13896. Mayor Barr asked if there was anyone present desiring to be heard. Sharon Ms. Sharon Armstrong, 4605 Virgil Street, appeared before Armstrong Council and stated that large retail stores would be welcomed in Southeast Fort Worth. Zoning Hearing Council Member Davis made a motion, seconded by Council Z-00-048 Member Silcox, that an ordinance amending the Comprehensive Continued One Zoning Ordinance of the City of Fort Worth, being Ordinance Week No. 13896, as amended, codified as Appendix "A" of the Code of the City of Fort Worth (1986), as amended, to provide that retail stores with a footprint exceeding 100,000 square feet in proximity to one-family or two-family residential property are permitted only in a planned development district; amending Section 4.305(C), "Specific Commercial Uses Permitted in `PD' District Only", and Section 4.803, "Nonresidential District Use Table", Zoning Docket Z-00-048, be continued for one week. The motion carried unanimously. Citizen Ms. Betty Pischner, 1628 Hunting Green Drive, appeared before Presentations City Council concerning the noise, nuisance and eyesore at Betty Pischner 1624 Hunting Green Drive. She requested Council's assistance to remove a race car parked in her neighbor's driveway. CITY COUNCIL MEETIS FORT WORTH, TEXAS AUGUST 22, 2000 PAGE 16 of 16 Teresa Doughty Ms. Teresa Doughty, 1624 Hunting Green, appeared before Council and stated that she bought the car for her son to be involved in a family activity and had always kept the area very clean. She stated that she couldn't store the vehicle because storage facilities do not want the liability in case the car was stolen or vandalized. She offered to cover the car with a tarp to appease her neighbors. Mayor Barr suggested that Ms. Doughty take action to abate this problem and although the City did not presently have an ordinance prohibiting her from keeping the vehicle on her property, it was nonetheless an eyesore and urged her to remove it from the property. Edward Drew Mr. Edward Drew, 1901 Stephenson Street, appeared before Council to request their assistance in obtaining a new sign for the Butler Housing complex. Executive It was the consensus of the City Council that the Council meet Session in closed session at 11:18 a.m. to 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) Pastusek Industries, Inc. v. City of Fort Worth, et al, Cause No. 141-181289-99 b) Robles v. City of Fort Worth, et al, Cause No. 141- 174337-98 c) Fort Worth I.S.D. v. City of Fort Worth and Southwestern Bell Telephone Company, Cause No. 348-156227-94 as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:14 p.m. Adjournment There being no further business, the meeting was adjourned at 12:14 PRn. CITY ttdRETARY MAYOR