Loading...
HomeMy WebLinkAbout1999/04/27-Minutes-City Council CITY COUNCIL MEETING APRIL 27, 1999 Date & Time On the 27th day of April, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:20 a.m., at the City Council Chambers, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Jim Lane, Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Ralph McCloud; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Member Cathy Hirt was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Father Albert Tyl, St. Patrick's Cathedral. Pledge The Pledge of Allegiance was recited. Minutes City Secretary Gloria Pearson stated that the minutes of April 20, 1999 inadvertently reflected Council Member Ralph McCloud as present and should reflect that he was absent. On motion of Council Member Silcox, seconded by Mayor Pro tempore Lane, the minutes of the regular meeting of April 20, 1999, were approved, as amended, unanimously. Special Council Member McCloud presented a Proclamation to Mr. Presentations/ Tim McKinney, President of Bank America Fort Worth and Introductions Julie Gonzales, Community Development Representative for Bank of America LEND Award Day. Council Member Moss presented a Proclamation to Elsie Bradford, Community Coordinator for Tarrant Area AARP, for AARP Connections for Independent Living Week, May I- 8, 1999. Council Member Haskin presented a Proclamation to Harold Pitchford, City Forester, for Arbor Day on April 30, 1999. Mr. Pitchford thanked the Council and introduced Larry Schaapveld, Regional Urban Forester, who presented the City of Fort Worth with the twentieth consecutive Tree City Award. Council Member Wentworth presented a Proclamation to Chip Diano for Mental Health Month. CITY COUNCIL MEETIR%j FORT WORTH, TEXAS APRIL 27, 1999 PAGE 2of16 Council Member Silcox presented a Proclamation to Sue Jacobson, Coordinator, Victim Assistance with the Fort Worth Police Department, for Crime Victims' Rights Week. Council Member Haskin introduced Mrs. Tonya Harlow and Mrs. Sharon Owen, teachers at Southwest Christian School, and their 30 Third Grade Students. Announcements Council Member Moss announced that on May 3, 1999, there would be a Site Selection Committee Meeting at the Village Creek Park Shelter, to discuss possible locations of the Eugene McCray Multi-purpose Center and encouraged citizens in that area to attend. He also stated that he attended the program Miracle on Avenue L and drew the Council's attention to the revitalization of the area initiated by the neighborhoods. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Moss, the consent agenda was adopted unanimously. Res. # 2520 There was presented Resolution No. 2520 concerning the Meeting Location time and location of the regular meeting and work session Change of the Fort Worth City Council to be held on May 4, 1999, at 7:00 p.m., at Tarrant County College South Campus, Rotunda Building, Room 132, 5301 Campus Drive, Fort Worth, Texas. On motion of Council Member Haskin, seconded by Mayor Pro tempore Lane, the resolution was adopted unanimously. Res. # 2521 There was presented Resolution No. 2521 appointing Appointing Board of members of the Board of Directors of the FW Sports Directors for FW Authority, Inc. On motion of Council Member Haskin, Sports Authority, Inc. seconded by Council Member Wentworth, the resolution was adopted unanimously. Res. # 2522 There was presented Resolution No. 2522 concerning Convention Center expansion of the Fort Worth Convention Center. On motion Expansion Option of Council Member Silcox, seconded by Council Member McCloud, the resolution was adopted unanimously. OCS-1057 There was presented Mayor and Council Communication Claims No. OCS-1057 from the Office of the City Secretary recommending that the City Council refer notices of claims Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 1999 PAGE 3 of 16 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-12544 There was presented Mayor and Council Communication Res. # 2523 No. G-12544 from the City Manager recommending that the Employment of Legal City Council: Counsel — Chris Cooke 1. Retain Chris Cooke as outside legal counsel, pursuant to Section 3, Chapter VI of the City Charter, to assist the City Attorney in representing the City in the lawsuit of Emmitt Johnson vs. City of Fort Worth, Cause No. 249-5- 99; and 2. Adopt Resolution No. 2523 fixing in advance, as far as practicable, the sum to be paid to Chris Cooke for his services in an amount not to exceed $2,500.00. It was the consensus of the City Council that the recommendation be adopted. G-12545 There was presented Mayor and Council Communication Equal Employment No. G-12545 from the City Manager recommending that the Opportunity Program City Council adopt the Equal Employment Opportunity Plus Program Plan for the period of October 1, 1998, through September 30, 2000. It was the consensus of the City Council that the recommendation be adopted. G-12546 There was presented Mayor and Council Communication Ord. # 13781 No. G-12546 from the City Manager recommending that the Amendment to City Council: MWBE Ordinance 1. Adopt Ordinance No. 13781 amending the Minority and Women Business Enterprise (M/WBE) Ordinance No. 13471 by amending Attachment 1; and 2. Extend the review of the current Minority and Women Business Enterprise Ordinance until September 1999, to allow for the completion of the Availability and Disparity Study and a thorough review by the City Manager and the Minority and Women Business Enterprise Advisory Committee. CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 27, 1999 PAGE 4of16 On motion of Council Member Picht, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-12547 There was presented Mayor and Council Communication Funding Application No. G-12547 from the City Manager recommending that the to Crime Control & City Council authorize the City Manager to submit the City's Prevention District FY 1999-2000 funding application to the Crime Control and Board of Directors Prevention District Board of Directors. On motion of Council Member Silcox, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-12548 There was presented Mayor and Council Communication Ord. # 13782 No. G-12548 from the City Manager recommending that the Ord. # 13783 City Council: Soccer Field Management and 1. Adopt Supplemental Appropriation Ordinance No. 13782 Development appropriating $71,200.00 to the General Fund and Program decreasing the unreserved, undesignated General Fund balance by the same amount for the purpose of providing funding for the Soccer Field Management and Development Plan for FY 1998-99; and 2. Authorize the transfer of $30,000.00 from the General Fund to the Parks Improvements Capital Projects Fund for the purchase and installation of up to 15 sets of soccer goals ($30,000.00); and 3. Adopt Appropriation Ordinance No. 13783 increasing estimated receipts and appropriations in the Parks Improvements Capital Projects Fund in the amount of $30,000.00 from available funds for the purpose of funding the Soccer Field Management and Development Plan for FY 1998-99; and 4. Authorize the use of $41,200.00 in the General Fund for increased maintenance to existing soccer fields; and 5. Authorize the City Manager to enter into an Interlocal Agreement with the Fort Worth Independent School District for the construction and joint use of three soccer fields. Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 1999 PAGE 5of16 City Manager Bob Terrell advised Council that staff would provide a report next week with an update on the renovation schedule of the playing fields previously outlined. Council Member Moss stated that his wife was a member of the Fort Worth Independent School District Board and he would abstain from voting on this issue. City Attorney Wade Adkins stated that Mr. Moss needed only to disclose his interest in the matter and his intention not to vote on this issue did not require any Council action. Jerry Moore Mr. Jerry Moore, 6809 Vista Ridge Drive West, President of the Fort Worth Adult Soccer Association, spoke in favor of this issue. Council Member McCloud made a motion, seconded by Council Member Silcox, to approve Mayor and Council Communication No. G-12548. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Lane; Council Members Silcox, Haskin, Picht, Wentworth, and McCloud NOES: None NOT VOTING: Council Member Moss ABSENT: Council Member Hirt P-8838 There was presented Mayor and Council Communication Reject Bids to No. P-8838 from the City Manager recommending that the Provide City Council authorize: Environmental Supplies 1. Rejection of bids received for environmental supplies for the City of Fort Worth (Bid 98-0331); and 2. Re-bid of the environmental supplies with revised specifications. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 27, 1999 PAGE 6of16 P-8839 There was presented Mayor and Council Communication Purchase of Power No. P-8839 from the City Manager recommending that the Tools City Council authorize a purchase agreement for various power tools for the Water Department from multiple vendors based on the low bids not to exceed $65,866.20 as follows: A. Award of Items 1, 2, 6 and 10 to Bluebonnet Tool Company, with payment terms one percent discount 10 days/net 30 days, freight no charge, f.o.b. Tarrant County; and B. Award of Items 3, 5, 7 and 8 to US Rentals Incorporated, with payment terms net 10 days, freight no charge, f.o.b. Keller, Texas; and C. Award of Items 4 and 9 to Utilization Incorporated, with payment terms one percent discount 10 days/net 30 days, freight added to invoice, f.o.b. shipping point; and D. Award of Item 11 to Witch Equipment Company, with payment terms net 30 days, freight no charge, f.o.b. City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. P-8840 There was presented Mayor and Council Communication HVAC Repair at No. P-8840 from the City Manager recommending that the Police Administration City Council confirm the additional cost of $7,415.00 for Building repair of the HVAC system at the Police Administration Building from Johnson Controls, Inc. It was the consensus of the City Council that the recommendation be adopted. P-8841 There was presented Mayor and Council Communication Purchase Agreement No. P-8841 from the City Manager recommending that the with G.T. Distributors City Council authorize: for Police Leather Duty Gear 1. A purchase agreement with G.T. Distributors to furnish leather duty gear for the City of Fort Worth based on submitted bid of grand total cost of $74,896.00, f.o.b. Fort Worth, freight no charge, with payment terms net 30 days; and @KY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 1999 PAGE 7of16 2. This agreement to begin April 27, 1999 and expire April 26, 2000, with renewal options for two additional years. It was the consensus of the City Council that the recommendation be adopted. P-8842 There was presented Mayor and Council Communication Purchase Agreement No. P-8842 from the City Manager recommending that the for Litter Removal City Council authorize: 1. A purchase agreement for litter removal with Added Value, Inc.; and 2. This agreement to begin April 27, 1999, and expire on April 26, 2000, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8843 There was presented Mayor and Council Communication Purchase of Copper No. P-8843 from the City Manager recommending that the Wire City Council authorize the one-time purchase of copper wire (XHHW) from Dealers Electric on the basis of the low bid in the amount of $17,100.00, with payment terms of two percent net 30 days, freight no charge. It was the consensus of the City Council that the recommendation be adopted. L-12478 There was presented Mayor and Council Communication Lease Agreement No. L-12478, dated April 20, 1999, from the City Manager with U.S. Corps of recommending that the City Council authorize the City Engineers Manager to execute an amendment to the lease agreement with the United States Corps of Engineers for office space in the ground floor of the Municipal Parking Garage located at 321 West 10th Street. On motion of Council Member Haskin, seconded by Council Member Wentworth, the recommendation was adopted unanimously. L-12488 There was presented Mayor and Council Communication Accept Permanent No. L-12488 from the City Manager recommending that the Drainage Easement City Council accept one permanent drainage easement CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 27, 1999 PAGE 8of16 described as part of the Pickney Caldwell Survey Abstract No. 365, from West/Loop 820 Partners, L.P., for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12489 There was presented Mayor and Council Communication Accept One Sanitary No. L-12489 from the City Manager recommending that the Sewer Easement and City Council approve the acceptance of one sanitary sewer Two Drainage easement described as a portion of Parcels H-1 and QS-7 Easements and two drainage easements described as Parcels H-2 and H-3 of the J.M. Robinson Survey, Abstract No. 1345, from Fossil Creek Golf, Inc. for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-12490 There was presented Mayor and Council Communication Acquisition of One No. L-12490 from the City Manager recommending that the Permanent Sanitary City Council approve the acquisition of one permanent Sewer Easement sanitary sewer easement described as the East % of the North 65 feet, Block J, William James Addition (500 Essex Street) from Robert and Tawanna Hamilton, for Main 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvement Contract located near East Lancaster and Beach Street; find that $1.00 is just compensation; and authorize the City Manager to accept and record the appropriate documents. It was the consensus of the City Council that the recommendation be adopted. L-12491 There was presented Mayor and Council Communication Acquisition of Four No. L-12491 from the City Manager recommending that the Permanent Sanitary City Council: Sewer Easements 1. Approve the acquisition of four permanent sanitary sewer easements, as described, for a total cost of $4.00; for the relocation, rehabilitation, and improvements to Mains 126 and 250 Drainage Area Sanitary Sewer System, Part 6 (DOE 1861); and J TY COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 1999 PAGE 9of16 Grantor Legal Description Sagamore Hill Baptist Church Tract 2A2,2C9 E.Johnson Survey Abstract No.852 Windsor Interests, Ltd. Tract 2G, E.Johnson Survey Abstract No.852 Douglas Hamilton Jr., Lot 11, Block 1, Scenery Hill Addition and wife Dorothy M. Stephen F.Crumb, Lot 30, Block 2, Scenery Hill Addition and wife Robyn K. 2. Authorize the abandonment of M-198 easement area through Tract 2G, E. Johnson Survey, Abstract No. 852, after installation of M-126 and M-250. It was the consensus of the City Council that the recommendation be adopted. L-12492 There was presented Mayor and Council Communication Release Permanent No. L-12492 from the City Manager recommending that the Access Easement City Council authorize the release of permanent access easement described as a 10-foot wide strip of land over, under and across a portion of the David Strickland Survey, Abstract 1376, to be used for the purpose of constructing, using and maintaining an access drive with all the appurtenances thereto deemed appropriate by the City of Fort Worth; and said 10 foot wide access drive to be parallel and adjacent to existing sanitary sewer easements, in exchange for which The Palladium Group will build an access road in the Texas Department of Public Transportation right-of-way to serve the City of Kennedale's sewer meter. It was the consensus of the City Council that the recommendation be adopted. L-12493 There was presented Mayor and Council Communication Acquisition of One No. L-12493 from the City Manager recommending that the Permanent Utility City Council approve the acquisition of one permanent Easement utility easement described as a portion of Lot 4, Block 2, Sunshine Hill Addition, Tarrant County, Texas, for sanitary sewer rehabilitation of Main 390 Drainage Area, Part 5 (DOE 1649), from Customer Corporation, for $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETI 11 Ck FORT WORTH, TEXAS APRIL 27, 1999 PAGE 10 of 16 L-12494 There was presented Mayor and Council Communication Authorize Acquisition No. L-12494 from the City Manager recommending that the Avigation Easement City Council: or Authorize Retention Avigation 1. Authorize the purchase of an avigation easement from Young Ja Kim and the estate of Yong Kook Kim on property described as Lots 15 and 16, Block 2, Towne Lake, Phase II, if the property owner elects to sell the property to a third party; or 2. Alternatively, authorize the acquisition of fee simple interest to the property at 93 percent of the fair market value in accordance with the previously adopted Sales Guarantee Program procedures; and 3. Declare the property surplus and unneeded by the City of Fort Worth and authorize the property to be advertised for sale by sealed bids at various minimum bid amounts set forth by the Executive Director of the D/FW International Airport according to previously adopted procedures; and 4. Authorize the sale of the property to the qualified bidder upon retention of an avigation easement for the expansion of the D/FW International Airport; and 5. Authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-12495 There was presented Mayor and Council Communication Lease Agreement No. L-12495 from the City Manager recommending that the for T-Hangar Space City Council authorize the City Manager to execute a T- at Meacham Airport Hangar Lease Agreement with Kent Riley for T-Hangar Unit 14S-A at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 1999 PAGE 11 of 16 C-17387 There was presented Mayor and Council Communication Ord. # 13784 No. C-17387, dated April 20, 1999, from the City Manager Ord. # 13785 recommending that the City Council: Fort Worth Housing Finance Corporation 1. Authorize the City Manager to execute a contract with the Fort Worth Housing Finance Corporation not to exceed a combined total of $860,756.00 in Community Development Block Grant (CDBG) funds, Rental Rehabilitation Program Income and HOME Investment Partnerships Program (HOME) funds to establish a revolving fund for housing development activities. The contract begins on the date of execution and ends three years thereafter; and 2. Approve the use of up to $30,000.00 in CDBG funds ($5,000.00 from Year XXIV and $25,000.00 from Year XVI), $527,156.00 in Rental Program Income funds, and $303,600.00 in HOME funds ($120,000.00 from HOME Program Year 1997 and $183,600.00 from HOME Program Year 1998); and 3. Approve the deposit of $137,524.00 into the Fort Worth Housing Finance Corporation Fund from the TEXPOOL Account (an investment service for public funds) of Rental Rehab Program funds used as a source of Rental Rehab Loans; and 4. Approve the deposit of $88,766.00 into the Fort Worth Housing Finance Corporation Fund from the Rental Rehab Program bank account with Bank of America, which has been maintained to issue checks for Rental Rehab Loans; and 5. Adopt Appropriation Ordinance No. 13784 increasing the estimated receipts and appropriations in the Rental Rehab Program Fund in the amount of $300,866.00 from available funds for the purpose of funding housing development activities; and 6. Approve the transfer of $300,866.00 from the Rental Rehab Program Fund to the Fort Worth Housing Finance Corporation Fund; and AOL CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 27, 1999 PAGE 12 of 16 7. Adopt Appropriation Ordinance No. 13785 increasing the estimated receipts and appropriations in the Fort Worth Housing Finance Corporation Fund in the amount of $527,156.00 from available funds for the purpose of funding housing development activities. Council Member Moss made a motion to approve Mayor and Council Communication No. C-17387 and asked that the following be entered in to the record: The City of Fort Worth housing development efforts should stimulate private sector development within neighborhoods. The city's in-fill housing should improve the housing stock and improve the market value (appraised value) of the area housing stock. The quality of housing should be such that it meets the current and future needs of growing families. In-fill housing should not have to be expanded once the purchaser has secured title to the property because the city could not or would not construct a home that meets the needs of a new home owner/buyer. A group of citizens in District 5 met on Monday, April 23, 1999 with Mr. Jerome Walker and Donald Cager and recommended minimum home specifications for homes being developed in the Parkside Addition and in District 5 in general. The recommendations are: 1. Bedrooms should have a minimum dimension of 12'x 10' 2. Covered patio should be included in all designs with minimum dimension of 10' x 10' 3. Fireplaces should be included in all homes. Fireplaces should be part of the standard packages of amenities 4. All bedrooms should have walk-in closets 5. Two bathrooms should be standard 6. Utility rooms should be standard 7. Homes should be larger than 1400 square feet 8. Eligible purchaser/buyers should have the option of choosing designs with dens and formal dining rooms, provided they are approved purchasers Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 1999 PAGE 13 of 16 9. Persons desiring to build a home on one of the eight remaining Parkside lots that exceed the City of Fort Worth's price, size or amenity package will be able to purchase the lot and use a private builder to construct the home 10.All properties will have a two-car garage It is understood that the City cannot build homes in an area that will not appraise for construction and site cost. The motion was seconded by Council Member Silcox and carried unanimously. C-17388 There was presented Mayor and Council Communication Sheffield No. C-17388 from the City Manager recommending that the Development City Council authorize the City Manager to execute a Corporation Community Facilities Agreement with Sheffield Development Corporation for the installation of community facilities to serve Park Glen Addition, Phase 12, Section 4. It was the consensus of the City Council that the recommendation be adopted. C-17389 There was presented Mayor and Council Communication Change Order No. 3 No. C-17389 from the City Manager recommending that the to CSC No. 24034 - City Council authorize the City Manager to execute Change Larry H. Jackson Order No. 3 to City Secretary Contract No. 24034 with Larry Construction, Inc. H. Jackson Construction, Inc. in the amount of$24,625.00 to provide for additional pay item quantities, thereby increasing the contract amount to $835,910.00. It was the consensus of the City Council that the recommendation be adopted. C-17390 There was presented Mayor and Council Communication J.L. Bertram No. C-17390 from the City Manager recommending that the Construction City Council authorize the City Manager to execute a contract with J.L. Bertram Construction in the amount of $619,598.24 for 80 working days for HMAC Surface Overlay 99-2 at specified locations. It was the consensus of the City Council that the recommendation be adopted. C-17391 There was presented Mayor and Council Communication J.L. Bertram No. C-17391 from the City Manager recommending that the Construction City Council authorize the City Manager to execute a contract with J.L. Bertram Construction in the amount of CITY COUNCIL MEETIN' FORT WORTH, TEXAS APRIL 27, 1999 PAGE 14 of 16 $568,178.73 for 80 working days for HMAC Surface Overlay 99-4 at specified locations. It was the consensus of the City Council that the recommendation be adopted. C-17392 There was presented Mayor and Council Communication Res. # 2524 No. 17392 from the City Manager recommending that the Texas Department of City Council: Transportation 1. Authorize the City Manager to enter into the Federal Innovative Project Agreement with the Texas Department of Transportation for the construction of Meacham Boulevard (Phase 1) from 0.3 miles west of FM 156 (Blue Mound Road) to Business 287P (North Main Street); and 2. Approve Resolution No. 2524 accepting the provisions of the Texas Transportation Commission Minute Order No. 107615; and 3. Authorize the City Manager to remit a check in the amount of $31,500.00 made payable to the Texas Department of Transportation representing one percent of the estimated cost of construction as required by the Agreement. On motion of Mayor Pro tempore Lane, seconded by Council Member Silcox, the recommendation was adopted unanimously. Public Hearing It appeared that the City Council set today as the date for 2121 Handley Drive public hearing for the Appeal of the Order of the Building Standards Commission regarding 2121 Handley Drive. Mayor Barr asked it there was anyone present desiring to be heard. Paul Bounds, representing the Code Compliance Department, appeared before the City Council and presented a staff report. Alyce Boyd Ms. Alyce Boyd, 7248 Ellis Road, representing members of the Ryanwood Neighborhood Association, requested that the Council uphold the decision of the Building Standards Commission and impose civil penalty fines as recommended. COUNCIL MEETING FORT WORTH, TEXAS APRIL 27, 1999 PAGE 15 of 16 There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Mayor Pro tempore Lane, to close the public hearing and approve the recommendation of the Building Standards Commission regarding 2121 Handley Drive. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for 905 East Elmwood public hearing for the Appeal of the Order of the Building Standards Commission regarding 905 East Elmwood. Mayor Barr asked it there was anyone present desiring to be heard. Paul Bounds, representing the Code Compliance Department, appeared before the City Council and presented a staff report. Sandy Joyce Ms. Sandy Joyce, 1302 E. Terrell Avenue, President of the Near East Neighborhood Association, spoke in opposition of the $4,000.00 civil penalty fine and provided information regarding the owner's efforts to resolve this issue with Code Compliance. Bill Hadley Mr. Bill Hadley, 909 Elmwood Avenue, owner of the property stated that the area had been cleaned up and that there has been no crime activity on this property. Mr. Hadley stated that his immediate plan included construction of some type of office space in the building within the next 60 days. He further stated that he plans to provide a teen center and an ice cream parlor where families can socialize. Plans for these areas are being done now and tenants have been lined up. There being no one else present desiring to be heard, Council Member McCloud made a motion to assess a fine of $2,000.00 in civil penalties. Motion died for lack of a second. Council Member McCloud made a motion, seconded by Mayor Pro tempore Lane, to close the public hearing and uphold the decision of the Building Standards Commission regarding 905 East Elmwood, but adjust the civil penalty CITY COUNCIL MEETI% FORT WORTH, TEXAS APRIL 27, 1999 PAGE 16 of 16 fine to $2,000.00 with the stipulation that if work was not completed within 30 days the additional $2,000.00 would be assessed. The motion carried unanimously. Citizen Presentations Mr. Riley Cantrell, 2300 Sundrop, briefly addressed the Riley Cantrell Council. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 11:29 a.m. to seek the advise 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. City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 b. City of Dallas vs. City of Fort Worth et al., Cause No. 3:97-CV-2734-T c. Legal issues concerning benefits payable to deceased City employees d. Miscellaneous pending and closed litigation as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:56 a.m. Adjournment There being no further business, the meeting was adjo ned at 11:56 a.m. CITY SE TARY MAYOR