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HomeMy WebLinkAbout1999/12/21-Minutes-City Council OWN CITY COUNCIL MEETING DECEMBER 21, 1999 Date & Time On the 21St day of December, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session at 10:38 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, Jeff Wentworth and Wendy Davis; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Roosevelt Baugh, St. Mark Cumberland Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of December 14, 1999 were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Roy C. Presentations/ Brooks Day to Mr. Roy Brooks. Mr. Brooks thanked the Council Introductions for this recognition and introduced members of his family, office manager, members of the Minority Council and former elementary school teacher. He briefly outlined his goals as the newly elected President of the National Association of Black County Officials Association. Ms. Mary Palko, Chair of the Millennium Committee, introduced Mr. John Brancato and Mr. Greg Upp. Mr. Upp presented a Millennium Celebration festivity summary and stated that approximately 20,000 people were expected to attend the event. Mr. Brancato informed the Council that the Y2(5)K Family Fun Run would start at 7th Street and Cherry and that a laser show would be in progress in full view of the runners as they approached the finish line. They presented Fun Run T-shirts and information on the day's activities to the Mayor and Council. Mayor Barr expressed appreciation to Ms. Palko and everyone who worked to put this grand event together. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda was adopted unanimously. CITY COUNCIL MEETI FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 2of16 Res. # 2600 There was presented Resolution No. 2600 recommending that the Architects' City Council approve the architect's schematic design and source Schematic of funding for the Fort Worth Convention Center Expansion Design and Project. On motion of Council Member Silcox, seconded by Source of Council Member Wentworth, the recommendation was adopted Funding for unanimously. Convention Center OCS-1110 There was presented Mayor and Council Communication No. OCS- Claims 1110 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-12764 There was presented Mayor and Council Communication No. G- Ord. # 14030 12764 from the City Manager recommending that the City Council Repealing adopt Ordinance No. 14030 amending Chapter 3 "Airports and Section 3-51 of Aircraft" of the Code of the City of Fort Worth (1986), as amended, the City Code by deleting Section 3-51 "Records to be Kept; Inspection". It was the consensus of the City Council that the recommendation be adopted. G-12765 There was presented Mayor and Council Communication No. G- Tarrant 12765 from the City Manager recommending that the City Council Appraisal authorize payment in an amount not to exceed $923,932.80 for the District City of Fort Worth's assessed allocation of the Tarrant Appraisal Payments District's (TAD) 2000 budget for the months January through September 2000. It was the consensus of the City Council that the recommendation be adopted. G-12766 There was presented Mayor and Council Communication No. G- Res. # 2601 12766 from the City Manager recommending that the City Council Employees' adopt Resolution No. 2601 designating certain benefits as a Flexible Benefit "Qualified Benefit" as that term is defined in the City of Fort Worth Plan Flexible Benefit Plan, effective January 1, 2000. It was the consensus of the City Council that the recommendation be adopted. G-12767 There was presented Mayor and Council Communication No. G- Settlement of 12767 from the City Manager recommending that the City Council: Lawsuit Y COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 3of16 1. Authorize the expenditure of $63,000.00 in order to complete the settlement of the lawsuit entitled Brian K. Teague v. City of Fort Worth, Cause No. 17-171494-97; and 2. Authorize the City Attorney to agree to a judgment reflecting the terms of this settlement and authorize the appropriate City personnel to execute any releases and agreements necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-12768 There was presented Mayor and Council Communication No. G- Verification of 12768 from the City Manager recommending that the City Council Partial Historic verify the owners' compliance with all requirements for partial Site Tax historic site tax exemptions for 1940 6t" Avenue, 1812 Fairmount Exemption Avenue, 1933 Fairmount Avenue and 4232 Kenwood Court. It was the consensus of the City Council that the recommendation be adopted. G-12769 There was presented Mayor and Council Communication No. G- Ord. # 14031 12769 from the City Manager recommending that the City Council Amend City adopt Ordinance No. 14031 amending Article IV, Chapter 2 Code to (Administration) of the Code of the City of Fort Worth (1986), as Establish amended, by renaming Division 1 thereof as "Information Information Technology Solutions Department". Council Member Lane, made Technology a motion, seconded by Council Member Moss, that the Solutions recommendation be adopted. The motion carried unanimously. Department G-12770 Council Member Davis made a motion, seconded by Mayor Pro Continued until tempore McCloud, that consideration of Mayor and Council End of Executive Communication No. G-12270, Ordinance Amending Article I, Session Chapter 8 of the City Code by Prohibiting the Sale, Assignment, Transfer, Ownership or Control of a Franchised Cable Communication System within a Period of Three Years Following the Acquisition of Ownership or Control of the Franchise or Initial Construction of the System, be continued until after Executive Session. The motion carried unanimously. CITY COUNCIL MEETIhd FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 4 of 16 G-12771 There was presented Mayor and Council Communication No. G- Ord. # 14032 12771 from the City Manager recommending that the City Council: Grant to Improve and Study 1. Authorize the City Manager to submit the Transportation and Central-City Community and System Preservation (TCSP) grant proposal to Commercial the Federal Highway Administration in order to receive the Corridors earmarked Fiscal Year 2000 TCSP grant in the amount of $1.5 million for improvements to portions of the North Main and Berry Street Corridors and for a study of other central-city commercial corridors; and 2. Adopt Appropriation Ordinance No. 14032 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $1,500,000.00 to the receipt of the grant from the Federal Highway Administration for the purpose of funding improvements to portions of North Main and Berry Street Corridors and to conduct a study of other central city commercial corridors; and 3. Authorize the City Manager to enter into a grant agreement with either the Federal Highway Administration or the Texas Department of Transportation, as appropriate, for use of the TCSP grant funds. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-12772 There was presented Mayor and Council Communication No. G- Ord. # 14033 12772 from the City Manager recommending that the City Council: Application for National Fish 1. Authorize the City Manager to apply for, and accept if awarded, and Wildlife a grant from the National Fish and Wildlife Foundation in the Foundation amount of $50,000.00 to assist in the acquisition of 150 acres Grant of undeveloped property adjacent to the entrance road of the Fort Worth Nature Center and Refuge; and 2. Authorize the City Manager to accept a $100,000.00 contribution from the Friends of the Nature Center, Inc. and use said funds as a match for the referenced grant, and ultimately use said funds to assist in the acquisition of the referenced land; and IRY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 5 of 16 3. Adopt Appropriation Ordinance No. 14033 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $150,000.00 subject to the receipt of the grant from the National Fish and Wildlife Foundation for the purpose of funding acquisition of land for the Fort Worth Nature Center and Refuge. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-12773 There was presented Mayor and Council Communication No. G- Ord. # 14034 12773 from the City Manager recommending that the City Council: Accept Donation from Fort Worth 1. Accept a donation from the Fort Worth Botanical Society in the Botanical amount of$17,500; and Society 2. Adopt Appropriation Ordinance No. 14034 increasing the estimated receipts and appropriations in the General Fund in the amount of $17,500.00 from available funds for the purpose of funding a portion of the Public Education Specialist position through a donation from the Fort Worth Botanical Society; and 3. Authorize the City Manager to utilize the funds to underwrite a portion of a Public Education Specialist position at the Botanic Garden. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation. The motion carried unanimously. P-8987 There was presented Mayor and Council Communication No. P- Purchase of 8987 from the City Manager recommending that the City Council Moisture Solids authorize the purchase of a Moisture Solids Analyzer and Analyzer and Microwave Muffle Furnace from CEM Corporation for an amount Microwave not to exceed $25,336.50, with freight at no charge and payment Muffle Furnace due 30 days from date of invoice. It was the consensus of the City Council that the recommendation be adopted. L-12685 There was presented Mayor and Council Communication No. L- Acquisition of 12685 from the City Manager recommending that the City Council Permanent approve the acquisition of three permanent sanitary sewer Sanitary Sewer easements from various grantors and described as Lot 1, Block 1, Easements Calvary Cathedral Addition; Lot 1, Block 1, Tarrant Savings Plaza CITY COUNCIL MEETIR C FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 6 of 16 Addition; and Lot-All, Block 1, Tancor Addition, all in Tarrant County and required for the rehabilitation of Sanitary Sewer Main M-C1C413 (DOE 2498) for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-12686 There was presented Mayor and Council Communication No. L- Acceptance of 12686 from the City Manager recommending that the City Council Dedication approve the acceptance and recording of dedication deeds Deeds for described as a portion of Lot 1, Block 1 of the FWISD Corridor Administration Site from the Kimbell Art Foundation and a portion Improvements of Lot 1, Block 1 of the M.M.A. Addition from the MPA Foundation for corridor improvements at the intersection of Camp Bowie, Seventh Street, Bailey Avenue and University Drive (DOE 2001) for a total cost of$5,000.00. Council Member Wentworth commended Dan Walsh from Transportation & Public Works, and businesses and museums in the area who were instrumental in accomplishing this task and made a motion, seconded by Mayor Pro tempore McCloud to approve Mayor and Council Communication No. L-12686. The motion carried unanimously. C-17781 There was presented Mayor and Council Communication No. C- Morgan Stanley 17781 from the City Manager recommending that the City Council and Bank of New authorize the City Manager to execute the necessary amendments York to the City's securities lending program for two years with Morgan Stanley and the Bank of New York. It was the consensus of the City Council that the recommendation be adopted. C-17782 There was presented Mayor and Council Communication No. C- Change Order 17782 from the City Manager recommending that the City Council No. 1 to CSC No. authorize the City Manager to execute Change Order No. 1 to City 24817 — Dustrol, Secretary Contract No. 24817 with Dustrol, Inc. in the amount of Inc. $30,000.00 to provide for adjustments in quantities of surface wedge milling, thereby increasing the total contract amount to $183,050.00. It was the consensus of the City Council that the recommendation be adopted. C-17783 There was presented Mayor and Council Communication No. C- Ord. # 14035 17783 from the City Manager recommending that the City Council: Davila Construction, Inc. C, Y COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 7 of 16 1. Authorize the City Manager to transfer $135,124.50 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14035 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $135,124.50 from available funds for the purpose of funding a contract to Davila Construction, Inc. for Sanitary Sewer L-6957 Rehabilitation; and 3. Authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $120,124.50 for Sanitary Sewer L-6957 Rehabilitation It was the consensus of the City Council that the recommendation be adopted. C-17784 There was presented Mayor and Council Communication No. C- Kebo Services 17784 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Kebo Services, Inc. in the amount of $505,839.00 for Main 219 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 1) Part 7, Unit 3. It was the consensus of the City Council that the recommendation be adopted. C-17785 There was presented Mayor and Council Communication No. C- Ord. # 14036 17785 from the City Manager recommending that the City Council: Black & Veatch Corporation 1. Authorize the City Manager to transfer $184,320.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14036 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $184,320.00 from available funds for the purpose of funding an engineering services agreement with Black & Veatch Corporation for Sanitary Sewer Main Rehabilitation in the Central Business District, Fort Worth; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 8of16 3. Authorize the City Manager to execute an engineering agreement with Black & Veatch Corporation in an amount not to exceed $181,320.00 for Sanitary Sewer Mains D104D, D105, D105A. D109, L23 and L108 Rehabilitation in the Central Business District, Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-17786 There was presented Mayor and Council Communication No. C- Ord. # 14037 17786 from the City Manager recommending that the City Council: Amendment No. 1 to Engineering 1. Authorize the City Manager to transfer $57,572.50 from the Agreement— Water and Sewer Operating Fund to the Water Capital Project Dunaway Fund; and Associates, Inc. 2. Adopt Appropriation Ordinance No. 14037 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $57,572.50 from available funds for the purpose of funding an Engineering Agreement with Dunaway Associates, Inc., for Water Main Rehabilitation Contract II; and 3. Authorize the City Manager to execute Amendment No. 1 to the Engineering Agreement with Dunaway Associates, Inc. for Water Main Rehabilitation Contract II in the amount of $57,572.50; thereby increasing the contract amount to $91,569.94. It was the consensus of the City Council that the recommendation be adopted. C-17787 There was presented Mayor and Council Communication No. C- J.L. Bertram 17787 from the City Manager recommending that the City Council Construction & authorize the City Manager to execute a contract with J.L. Bertram Engineering, Inc. Construction and Engineering, Inc. in the amount of $239,975.86 (Alternative II) for Pavement Reconstruction for Unit 1, Avenue B from Connor Avenue to Nashville Avenue and Unit II, Avenue D from Connor Avenue to Nashville Avenue. It was the consensus of the City Council that the recommendation be adopted. �ffY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 9 of 16 C-17788 There was presented Mayor and Council Communication No. C- Stocker 17788 from the City Manager recommending that the City Council Enterprises, Inc. authorize the City Manager to execute a contract with Stocker Enterprises, Inc. in the amount of$474,856.75 for Main BR and 279 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 1) Part 4, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17789 There was presented Mayor and Council Communication No. C- Rhino Utility 17789 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Rhino Utility Inc. Construction, Inc. in the amount of $102,798.50 for Main 195AR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 4), Part 4. It was the consensus of the City Council that the recommendation be adopted. C-17790 There was presented Mayor and Council Communication No. C- Change Order 17790 from the City Manager recommending that the City Council No. 1 to CSC # authorize the City Manager to execute Change Order No. 1 to City 25177 —William Secretary Contract No. 25177 with William J. Schultz, Inc., d/b/a J. Schultz, Inc. Circle "C" Construction Company, in the amount of $35,680.00 to provide for additional pay item quantities, thereby increasing the contract amount to $678,693.00. It was the consensus of the City Council that the recommendation be adopted. C-17791 There was presented Mayor and Council Communication No. C- Southland 17791 from the City Manager recommending that the City Council Contracting, Inc. authorize the City Manager to execute a contract with Southland Contracting, Inc. in the amount of $1,983,547.00 for Main 207R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 3) Part 9, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17792 There was presented Mayor and Council Communication No. C- Conatser 17792 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Conatser Inc. Construction, Inc. in the amount of $442,851.60 for Main BR and 279 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 1) Part 4, Unit 3. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETI FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 10 of 16 C-17793 There was presented Mayor and Council Communication No. C- Hall-Albert 17793 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with Hall-Albert Company Construction Company in the amount of $319,652.50 for Mains BR and 279 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 1) Part 4, Unit 2. It was the consensus of the City Council that the recommendation be adopted. C-17794 There was presented Mayor and Council Communication No. C- Amend CSC # 17794 from the City Manager recommending that the City Council 24760 —Alan authorize the City Manager to execute Amendment No. 1 to the Plummer engineering agreement with Alan Plummer Associates, Inc. City Associates, Inc. Secretary Contract No. 24760 for additional design services for the Cahoba Drive water line in an amount not to exceed $89,290.00; thereby increasing the total contract to an amount not to exceed $188,613.00. It was the consensus of the City Council that the recommendation be adopted. C-17795 There was presented Mayor and Council Communication No. C- William J. 17795 from the City Manager recommending that the City Council Schultz, Inc. authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, in the amount of $402,767.00 for Main 219 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 1) Part 7, Units 1 and 2. It was the consensus of the City Council that the recommendation be adopted. C-17796 There was presented Mayor and Council Communication No. C- Huffman 17796 from the City Manager recommending that the City Council: Equipment & Service 1. Approve the transfer of $194,038.00 ($184,799.00 plus a five Company percent contingency of $9,240.00) from the undesignated account to the Four Aboveground Storage Tanks Installation Project within the Environmental Project Fund; and 2. Authorize the City Manager to execute a contract with Huffman Equipment and Service Company for the installation of four aboveground storage tanks at a cost of$184,799.00. It was the consensus of the City Council that the recommendation be adopted. ® PY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 11 of 16 C-17797 There was presented Mayor and Council Communication No. C- Prose Backhoe 17797 from the City Manager recommending that the City Council & Utilities, Inc. authorize the City Manager to execute a contract with Prose Backhoe & Utilities, Inc. for the construction of a 16-inch water meter to serve the City of North Richland Hills on the low bid of $142,082.00. It was the consensus of the City Council that the recommendation be adopted. C-17798 There was presented Mayor and Council Communication No. C- IBM Corporation 17798 from the City Manager recommending that the City Council: 1. Authorize the City Manager to enter into a one year agreement with International Business Machines Corporation (IBM) to provide system software licensing for the central processor at a cost not to exceed $400,000.00; and 2. Authorize the agreement to begin January 1, 2000, and end December 31, 2000. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-17799 There was presented Mayor and Council Communication No. C- Huitt-Zollars, 17799 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a professional services agreement with Huitt-Zollars, Inc. in the amount of $45,000.00 for master plan development of West Community Park. On motion of Council Member Wentworth, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Second Public It appeared that the City Council set today as the date for the Hearing second public hearing for annexation of 290.23 acres of land in William the William McCowen Survey, Abstract No. 999, Tarrant County, McCowen Texas. Mayor Barr asked if there was anyone present desiring to Survey be heard. 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 January 11, 2000. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 12 of 16 Council Member Haskin requested that Mr. Jim Schell brief Council prior to voting on the annexation on what amenities would be present in this area. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 290.23 Acres of Land out of the William McCowen Survey, Abstract No. 999, Tarrant County, Texas, Council Member Davis made a motion, seconded by Council Member Lane, that the second public hearing be closed and directed staff to institute annexation proceedings. The motion carried unanimously. Second Public It appeared that the City Council set today as the date for the Hearing second public hearing for annexation of 282.001 acres of land M.E.P. and (Lakes of Brookstone) in the M.E.P. and P.R.R. Survey, Abstract P.R.R. Survey No. 906 and the A. Robinson Survey, Abstract No. 1119, Denton and A. Robinson County, Texas. Mayor Barr asked if there was anyone present Survey desiring to be heard. 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 January 11, 2000. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 282.001 Acres of Land (Lakes of Brookstone) in the M.E.P. and P.R.R. Survey, Abstract No. 906, and the A. Robinson Survey, Abstract No. 1119, Denton County, Texas, Council Member Lane made a motion, seconded by Council Member Wentworth, that the second public hearing be closed and directed staff to institute annexation proceedings. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 2121 Handley hearing for the Appeal of the Order of the Building Standards Drive Commission regarding 2121 Handley Drive. Mayor Barr asked if there was anyone present desiring to be heard. Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding property located at 2121 Handley Drive and advised Council that staff was PY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 13 of 16 recommending that the City Council sustain the decision of the Building Standards Commission for assessment of the full civil penalty of$190,000.00. Byron K. Henry Mr. Byron K. Henry, 17110 Dallas Parkway Suite 290, Dallas, Texas, representing the owner of the property, appeared before Council in opposition of the $190,000.00 civil penalty assessment. He briefed the Council of the difficulties the owner had in completing the renovation of the property. He stated that the civil penalty would encumber his client to proceed with the renovation or to sell the property. Mr. Bounds provided rebuttal stating that the owner had been delinquent on two other occasions. A civil penalty of $13,000.00 had previously been assessed for failure to meet scheduled deadlines. He added that the $190,000.00 civil penalty recommended by the Building Standards Commission (BSC) was merited and would definitely reflect the City's position on meeting scheduled deadlines. Mr. Henry rebutted that his client assumed that all discrepancies had been corrected prior to the second BSC penalty hearing; however, the owner was provided another discrepancy list after the public hearing concluded. Alyce Boyd Ms. Alyce Boyd, 7245 Ellis Road, representing the Ryanwood Neighborhood Association, appeared before Council and requested they uphold the Building Standards Commission order to assess the full penalty of$190,000.00. There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission for assessment of a $190,000.00 Civil Penalty on property located at 2121 Handley Drive. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 1950 Lipscomb hearing for the Appeal of the Order of the Building Standards Commission regarding 1950 Lipscomb. Mayor Barr asked if there was anyone present desiring to be heard. . CITY COUNCIL MEETI FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 14 of 16 Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding property located at 1950 Lipscomb and advised Council that staff was recommending that the City Council sustain the decision of the Building Standards Commission and order that the repairs be made at a timely rate. Lyndon Smith Mr. Lyndon Smith, 4125 Longleaf, owner of the property stated that he was trying to sell the property and requested a 30 to 60 day extension to obtain an interested buyer. He further advised Council that there were two liens on the property which made it extremely difficult to find a purchaser. There being no one else present desiring to be heard, Council Member Davis made a motion, seconded by Council Member Haskin, that the decision of the Building Standards Commission be modified to reflect that the property be repaired or a receiver obtained for the sale of the property within 30 days. The motion carried unanimously. Citizen Ms. Sharon Armstrong, 4605 Virgil, appeared before Council and Presentations wished the Council and staff a Merry Christmas and Happy Sharon Holiday and to thank them for all their help that was provided for Armstrong the Stop Six/Poly area this year. Executive It was the consensus of the City Council that the City Council Session meet in closed session at 12:04 p.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) City of Fort Worth v. City of Dallas, et al., Cause No. 48- 171109-97 b) City of Dallas v. City of Fort Worth, et al., Cause No. 3-97- CV-2734-T c) City of Fort Worth v. Department of Transportation, Nos. 99-60008 and 99-60239 PY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 15 of 16 d) Legal issues concerning the claims of Alberta Wesley, on behalf of the Estate of Bobby Wesley; Carolyn Hall, as Next Friend of Minors, Adrian Dantrell Wesley and Bobby J. Wesley, Jr., as Representative of the Estate of Bobby J. Wesley, Sr. e) Legal issues concerning proposed transfer of cable system by Charter Communications, Inc. to A.T.&T. as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:40 p.m., with seven members present. Council Member Picht was absent and Council Member Silcox was temporarily absent. G-12770 There was presented Mayor and Council Communication No. G- Denied 12770 from the City Manager recommending that the City Council adopt an ordinance amending Article I, Chapter 8 of the City Code by Prohibiting the Sale, Assignment, Transfer, Ownership or Control of a Franchised Cable Communication System within a Period of Three Years Following the Acquisition of Ownership or Control of the Franchise or Initial Construction of the System. Mayor Barr informed Council that under the present contract a clause was added that a transfer of the company could not take place within a three year period. He advised Charter Communications that Council had concerns relative to the quality of service for the City of Fort Worth. Dave Barford Mr. Dave Barford, Charter Communications, 12444 Powers Court, St. Louis, Mo., appeared before the City Council and advised Council that Cable was consolidating rapidly. He informed Council that Charter had met with AT&T Management Team and stated that it was their opinion that it would be a very smooth transition. He requested that Council deny approval of this Mayor and Council Communication. At this time, Council Member Silcox assumed his chair at the Council table. Dale Bennett Mr. Dale Bennett, representing AT&T BIS, Chenault, Dallas, Texas, appeared before Council and advised them that they were looking CITY COUNCIL MEETI FORT WORTH, TEXAS DECEMBER 21, 1999 PAGE 16 of 16 forward to becoming involved with the City of Fort Worth. He stated that they would be adding new technology by adding new products to the system, which would improve quality of service. Mayor Barr read a portion out of the contract that stated that Paul Allen or Lelland Savoy would be available upon request of the Council to hold a public hearing relative to change in Management. Mr. Barford advised Council that they would be happy to get with him and work out a time that Charter could hold such a hearing. Council Member Silcox informed Council that he had filed a Conflict of Interest affidavit on Mayor and Council Communication No. G-12770. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be denied. The motion carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth and Davis NOES: None ABSENT: Council Member Picht NOT VOTING: Council Member Silcox Adjournment There being no further business, the meeting was adjourned at 1:02 p.m. &,P, ,, ,, ( (t,111At4 LA4�6� CITY SE RETARY MAYOR