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HomeMy WebLinkAbout1998/04/28-Minutes-City Council CITY COUNCIL MEETING APRIL 28, 1998 Date & Time On the 28th day of April, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:20 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Clyde Picht, Ralph McCloud and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice Church. Mayor Pro tempore Eugene McCray and Council Members Jeff Wentworth were absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Dr. Robert Pearle, Birchman Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Lane, seconded by Council Member Haskin, the minutes of the regular meeting of April 21, 1998, were approved unanimously. Special A proclamation for Be Kind to Animals Week was Presentations presented. Announcements Mayor Barr introduced Mr. Duane Knoll and presented him a Certificate for Mayor for the Day and a Key to the City. Council Member Hirt announced that the City Council meeting for next week would be held in the auditorium of Paschal High School at 7:00 p.m. She also expressed appreciation to City staff and C CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28, 1998 PAGE 2 especially to the Mr. Costa, newly selected director of Planning and Growth Management, for their participation in the parade last Saturday by Berry Street Initiative. Council Member Lane announced that the Official ground breaking ceremony for the Mercado Project would take place at 10:00 a.m. on Tuesday, May 5, 1998 in the 1400 Block of N. Main and invited everyone to participate. Council Member Silcox announced that next Monday, May 4, 1998, there would be a special meeting at 2:00 p.m. in the Pre-Council Chamber for Facilities and Infrastructure Committee regarding the Golf Courses. Council Member McCloud announced that on Friday, May 1, 1998, a Neighborhood Forum would be held at Botanic Gardens in the Oak Room, from 12:00 p.m. to 2:00 p.m. on Building Strong Neighborhoods. City Manager Terrell announced that a Police Forum for District 5 would be held at Eastland Elementary School at 7:00 p.m. tonight. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. OCS-977 There was presented Mayor and Council Claims Communication No. OCS-977 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28 , 1998 PAGE 3 and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-12192 There was presented Mayor and Council Ord. # 13425 Communication No. G-12192 from the City Manager Ord. # 13426 recommending that the City Council: Texas Book Festival 1. Authorize the Fort Worth Public Library to Award accept a Texas Book Festival Award in the amount of$7,500.00, and 2. Adopt Appropriation Ordinance No. 13425 increasing the estimated receipts and appropriations in the Special Gifts Fund in the amount of$7,500.00 from available funds and transfer of said funds to the General Fund for the purpose of funding the purchase of Library Materials for various branches through a contribution from The Texas Book Festival Award, and 3. Authorize the transfer of$7,500.00 from the Special Gifts Fund to the General Fund, and 4. Adopt Appropriation Ordinance No. 13426 increasing the estimated receipts and appropriations in the General Fund in the amount of$7,500.00 from available funds for the purpose of funding the purchase of Library Materials for various branches through a contribution from the Texas Book Festival Award. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28, 1998 PAGE 4 G-12193 There was presented Mayor and Council Ord. #13427 Communication No.G-12193 from the City Manager Interim recommending that the City Council adopt Financing of the Ordinance No. 13427 increasing the estimated Business receipts and appropriations in the General Fund in Assistance the amount of$29,136.11 from available funds for Center the purpose of providing Interim Financing for the Business Assistance Center. It was the consensus of the City Council that the recommendation be adopted. G-12194 There was presented Mayor and Council Property Tax Communication No. G-12194 from the City Exemption Manager recommending that the City Council for the approve the list of houses to receive the Transitional Indigent Housing for the Indigent exemption from ad valorem taxation. It was the consensus of the City Council that the recommendation be adopted. G-12195 There was presented Mayor and Council Ord. # 13428 Communication No. G-12195 from the City Retirement Manager recommending that the City Council adopt Ordinance Ordinance No. 13428 amending Ordinance Nos. Amendment 29999 40609 42509 43049 43549 44309 48609 48619 48739 4875,5226, 5259, 6393,6556, 7056, 7317, 7875, 8674, 8843,9247,9532, 10081, 10291, 10369, 10385, 10564, 106079 106799 111269 112389 114019 114129, 115589, 116089 11716, and 12686 Codified as Chapter 2, Article VI, Division 1, Entitled "Employees' Retirement Fund," of the Code of the City of Fort Worth (1986), as amended, which ordinances establish and provide for a retirement system, retirement plan and benefits thereunder for employees of the City of Fort Worth; providing for a restatement of the Retirement ordinance, including reorganization of the Retirement ordinance document; updating for new legal dollar r CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 5 limits on compensation and benefits; clarifying the use of accumulated sick leave in calculating pension benefits; modifying the definition of vested retirement date; clarifying the calculation of compensation base when a member has less than five years of employment; providing that temporary employees will become members after 1,000 hours of service in a year; providing for an alternative pension benefit form through which new retirees may elect to receive between 5 percent and 25 percent of the actuarial value of their pension in a lump sum; providing that rehired members may buy-back prior service by repaying prior distributors pursuant to board policies; providing that disabled retirees will have their disability pensions terminated upon their failure to provide required documentation; increasing the pension death benefits paid to children of deceased members allowed retired members to elect to actuarially reduce their pension to provide death benefits for their widow or widower if they were not married at least one year prior to their retirement; modifying the election procedures for employee and retiree board positions; providing that the city shall indemnify board members against losses, damages and expenses subject to city policies and programs, provided the board member was not grossly negligent and did not engage in willful misconduct. Council Member McCloud requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-12195. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28, 1998 PAGE 6 Council Member Haskin made a motion, seconded by Council Member Silcox, that Council Member McCloud be permitted to abstain from voting on Mayor and Council Communication No. G-12195. The motion carried unanimously. Council Member Silcox made a motion,seconded by Council Member Haskin, that Mayor and Council Communication No. G-12195 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Haskin, Picht, and Hirt NOES: None NOT VOTING: Council Member McCloud ABSENT: Mayor Pro tempore McCray and Council Member Wentworth G-12196 There was presented Mayor and Council Ord. # 13429 Communication No. G-12196 from the City Issuance and Sale Manager recommending that the City Council adopt of$60,980,000.00 Ordinance No. 13429 authorizing the issuance of sale of$60,980,000.00 in Water and Sewer System subordinate lien revenue bonds to the Texas Water Development Board. City Manager Terrell advised Council that Mayor and Council Communication No. G-12196 should be corrected, stating that under Discussion, the date z, CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 7 and the M&C should read "December 9, 1997(M&C G-12083)"; that the last sentence of the discussion should read "The interest rate on this loan will be approximately .75 percent lower than market rates, resulting in an annual savings of$450,000.00; and stating that the City currently has five loans outstanding to the TWDB. Council Member Silcox made a motion,seconded by Council Member Haskin, that Mayor and Council Communication No. G-12196 be adopted, as corrected. The motion carried unanimously. G-12197 There was presented Mayor and Council Ord. # 13430 Communication No.G-12197 from the City Manager Sale of recommending that the City Council: $493009000.00 Certificates 1. Adopt Ordinance No. 13430 providing for the of Obligation, issuance of$4,300,000.00 City of Fort Worth, Series 1998 Texas, Combination Tax and Revenue Certificates of Obligation, Series 1998; providing for the levy, assessment and collection of a tax sufficient to pay the interest on said certificates of obligation and to create a sinking fund for the redemption thereof at maturity; pledging certain surplus revenues in support of said certificates; prescribing the form of said certificates of obligation; and ordaining other matters relating to the subject, and 2. Authorize the $4,300,000.00 City of Fort Worth, Texas, Certificate of Obligation, Series 1998,to be sold to Hutchinson, Shockey, Erley and Co. bidder offering the lowest true interest rate of 4.7755%. 011 CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28, 1998 PAGE 8 On motion of Council Member Silcox, seconded by Council Member McCloud, the recommendation was adopted unanimously. G-12198 There was presented Mayor and Council Ord. # 13431 Communication No. G-12198 from the City Res. # 2396 Manager recommending that the City Council: Water & Wastewater 1. Approve the transfer of$100,000.00 from the Issues Increase Water and Sewer Operating Fund to the Expenditures to Property and Casualty Insurance Fund, and Kelly, Hart & Hallman 2. Adopt Supplemental Appropriation Ordinance No. 13431 increasing the estimated receipts and appropriations in the property and casualty fund in the amount of $100,000.00 from available funds for the purpose of funding outside counsel and legal services from Kelly, Hart, and Hallman, for Water and Wastewater related issues, and 3. Approve Resolution No. 2396 increasing the amount of expenditure to Kelly, Hart and Hallman as outside counsel to assist the City Attorney in water and wastewater matters before the Texas Water Commission. On motion of Council Member Lane, seconded by Council Member McCloud,the recommendation was adopted unanimously. L-12237 There was presented Mayor and Council Acquisition of Communication No. L-12237 from the City Two Easements Manager recommending that the City Council accept two permanent underground utility CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28 , 1998 PAGE 9 easements from Trademark Emerson Centreport Tech, Ltd., for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. L-12238 There was presented Mayor and Council Accept four Communication No. L-12238 from the City Permanent Manager recommending that the City Council Easements accept four permanent easements from W.I. Cook Foundation for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-12239 There was presented Mayor and Council Acquisition of Communication No. L-12239 from the City Avigation Easements Manager recommending that the City Council authorize and accept individual easements over residential properties in the City of Irving, Texas, for the purpose of expanding D/FW Airport, find that the prices offered by the Airport are just compensation, and authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-12240 There was presented Mayor and Council Acquisition of Communication No. L-12240 from the City One permanent Manager recommending that the City Council Utility Easement approve the acquisition of one permanent utility easement, described as Lot 7, Edna Estes Addition; find that a total of$1.00 is just compensation, from Oakland Shopping Center Partnership; and authorize the City Manager to accept and record the appropriate documents. It was the consensus of the City Council that the recommendation was adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28, 1998 PAGE 10 L-12241 There was presented Mayor and Council Acquisition of Communication No. L-12241 from the City One Permanent Manager recommending that the City Council Utility Easement approve the acquisition of one permanent utility easement from James C. Reeves; find that a total of $1.00 is just compensation for, Lot 1C, Block 56, Tuckers Addition; 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-12242 There was presented Mayor and Council Conveyance Communication No. L-12242 from the City of Eight Manager recommending that the City Council Residential authorize the conveyance of eight single family Properties residential properties to the highest bidders in accordance with the adopted procedures, and authorize the City Manager to accept and record the appropriate instruments.It was the consensus of the City Council that the recommendation be adopted. L-12243 There was presented Mayor and Council Lease for Communication No. L-12243 from the City Police Dept. Manager recommending that the City Council 2607-13 authorize the City Manager to renew the lease for Waggoman St. 6,300 square feet of office space at 2607-13 Waggoman Street from Myles H. Sweeney for $2,400.00 per month, and approve the lease term of one year commencing June 1, 1998, and expiring May 31, 1999, with two options to renew for one- year each. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 11 L-12244 There was presented Mayor and Council Condemnation Communication No. L-12244 from the City of Land Manager recommending that the City Council declare the necessity of taking a fee simple interest in certain property owned by Cambria Capital Corporation, described as being Lot 4, Block 1, Summerfields Skyview Addition, and authorize the City Manager to institute condemnation proceedings against the land and improvements. City Manager Terrell advised Council that Mayor and Council Communication No. L-12244 should be corrected inasmuch as "Braswwood" is the name of the Street listed and it should read "Basswood". Council Member Silcox made a motion,seconded by Council Member Haskin, that Mayor and Council Communication No. L-12244 be adopted, as amended. The motion carried unanimously. C-16738 There was presented Mayor and Council Ord. # 13432 Communication No. C-16738 from the City Conatser Manager recommending that the City Council: Construction, Inc. 1. Authorize the transfer of $531,468.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund ($341,205.25) and the Sewer Capital Project Fund ($190,263.25), and 2. Adopt Appropriation Ordinance No. 13432 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of$341,205.25 and in the Sewer Capital Projects Fund in the amount of $190,263.25 from available funds for the CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28, 1998 PAGE 12 purpose of funding a contract to Conatser Construction, Inc., for water and sanitary sewer main replacement, pavement pulverization and overlay in Chandler Drive East and West, Shirley Avenue, and Shaw Street, and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc., in the amount of $625,796.00 for water and sanitary sewer line replacement, pavement pulverization, and overlay in Chandler Drive East, Chandler Drive West, Shirley Avenue and Shaw Street. It was the consensus of the City Council that the recommendation be adopted. C-16739 There was presented Mayor and Council Change Order Communication No. C-16739 from the City No. 4 - Walt Manager recommending that the City Council Williams authorize the City Manager to execute Change Construction, Inc. Order No. 4 with Walt Williams Construction Inc., in the amount of$25,473.03 for the construction of Nichols Street from 28th Street to 29th Street, and from 29th Street to Long Avenue increasing the contract amount to $488,856.30. It was the consensus of the City Council that the recommendation be adopted. C-16740 There was presented Mayor and Council Ord. # 13433 Communication No. C-16740 from the City Estrella Manager recommending that the City Council: Construction, Inc. 5 Y. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 13 1. Authorize the transfer of $166,013.07 from the Water and Sewer Operating Fund to the Water Capital Project Fund ($89,737.50),and the Sewer Capital Project Fund ($76,275.57), and 2. Adopt Appropriation Ordinance No. 13433 increasing the estimated receipts and appropriations in Water Capital Project Fund in the amount of$89,737.50 and in the Sewer Capital Project Fund in the amount of $76,275.57 from available funds for the purpose of funding a contract with Estrella Construction, Inc., for Water and Sewer Replacements in Alta Mesa Boulevard (Trail Lake Drive to Hulen Street), and 3. Authorize the City Manager to execute a contract with Estrella Construction, Inc., in the amount of$132,100.50 for the water and sewer construction in Alta Mesa Boulevard (Trail Lake Drive to Hulen Street). It was the consensus of the City Council that the recommendation be adopted. C-16741 There was presented Mayor and Council Ord. # 13434 Communication No. C-16741 from the City Kebo Services, Inc. Manager recommending that the City Council: 1. Authorize the transfer of $416,144.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund ($224,017.00) and the Sewer Capital Fund ($192,127.00), and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28, 1998 PAGE 14 2. Adopt Appropriation Ordinance No. 13434 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of$224,017.00 and in the Sewer Capital Project Fund in the amount of $192,127.00 from available funds for the purpose of funding a contract with Kebo Services, Inc., for Unit 1: Water Main and Sanitary Sewer Main Replacement in Campbell Street and Thannisch Avenue, and 3. Authorize the City Manager to execute a contract with Kebo Services, Inc. in the amount of$369,904.00 for Unit 1: water main and sanitary sewer main replacement in Campbell Street (Berry Street to Fitzhugh Avenue) and Thannisch Avenue (Vaughn Boulevard to Campbell Street). It was the consensus of the City Council that the recommendation be adopted. C-16742 There was presented Mayor and Council Conatser Communication No. C-16742 from the City Construction, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Conatser Construction, Inc., in the amount of $764,878.00 for Mains 42 and 54 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 1), Part 6, Units 2 and 3 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 15 C-16743 There was presented Mayor and Council Mid-State Communication No. C-16743 from the City Utilities, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Mid-State Utilities, Inc., in the amount of $318,132.00 for Mains 42 and 54 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 1), Part 6, Unit 4 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-16744 There was presented Mayor and Council Randall & Communication No. C-16744 from the City Blake, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Randall & Blake, Inc., in the amount of $738,843.40 for the construction related to the refurbishment , of Saunders Park along Marine Creek at the Fort Worth Stockyards. It was the consensus of the City Council that the recommendation be adopted. C-16745 There was presented Mayor and Council Texas Communication No. C-16745 from the City Sterling Manager recommending that the City Council Construction, Inc. authorize the City Manager to execute a contract with Texas Sterling Construction, Inc., in the amount of $194,442.00 for Mains 42 and 54 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 1), Part 6, Unit 1 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28, 1998 PAGE 16 C-16746 There was presented Mayor and Council Ord. # 13435 Communication No. C-16746 from the City J.D. Vickers, Manager recommending that the City Council: Inc. 1. Authorize the transfer of $306,837.68 from Water and Sewer Operating Fund to the Water Capital Project Fund, and 2. Adopt Appropriation Ordinance No. 13435 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $306,837.68 from available funds for the purpose of funding a contract with J.D. Vickers, Inc. for water replacement contract 97GG Unit I: Water Replacement in Milam Street and Sylvania Avenue; Unit II: Street resurfacing and pulverization in Milam Street, and 3. Authorize the City Manager to execute a contract with J.D. Vickers, Inc. in the amount of $297,057.55 and forty-five (45) working days for Water Replacement Contract 97GG Unit I: Water Replacement in Milam Street (Martha Ln.to Ellis St.),and Sylvania Avenue (Leamside Dr. to Melody Hills Dr.); Unit II: Street Resurfacing and Pulverization in Milam Street (Martha Ln. to Ellis St.). It was the consensus of the City Council that the recommendation be adopted. C-16747 There was presented Mayor and Council Employment Communication No. C-16747 from the City of Black & Manager recommending that the City Council Veatch LLP authorize the City Manager to execute a contract Y CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 17 with Black & Veatch LLP in the amount not to exceed $77,550.00 for the purpose of preparing a cost of service study for wholesale wastewater rates. It was the consensus of the City Council that the recommendation be adopted. C-16748 There was presented Mayor and Council Ord. # 13436 Communication No. C-16748 from the City Mid-State Manager recommending that the City Council: Utilities, Inc. 1. Authorize the transfer of$68,296.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund, and 2. Adopt Appropriation Ordinance No. 13436 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $68,296.00 from available funds for the purpose of funding a contract with Mid-State Utilities, Inc., for Mains 42 and 54 Drainage Area Sanitary Sewer System Rehabilitation and Improvements. 3. Authorize the City Manager to execute a contract with Mid-State Utilities, Inc., in the amount of $887,182.00 for Mains 42 and 54 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 1),Part 4- Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 28, 1998 PAGE 18 C-16749 There was presented Mayor and Council Fair Housing Communication No. C-16749 from the City Agreements Manager recommending that the City Council with the U.S. authorize the City Manager to execute three Department of contractual agreements with the U.S. Department of Housing & Housing and Urban Development(HUD),Accubanc Urban Mortgage Corporation, SFM Mortgage, and Development Mountcastle Mortgage Corporation for the performance of Fair Housing-related actions in Fort Worth. On motion of Council Member McCloud, seconded by Council Member Lane the recommendation was adopted unanimously. C-16750 There was presented Mayor and Council Ord. # 13437 Communication No. C-16750 from the City Texas Manager recommending that the City Council Department authorize the City Manager to accept and execute a of Health grant contract amendment for$192,035.00 from the Texas Department of Health for (Title V) Maternal and Child Health, and adopt Appropriation Ordinance No. 13437 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$192,035.00 subject to the receipt of the grant from the Texas Department of Health for the purpose of funding the Maternal and Child Health Program. On motion of Council Member McCloud, seconded by Council Member Lane, the recommendation was adopted unanimously. Public Hearing It appeared to the City Council that they set today Appeals of as the date for a public hearing regarding the appeal Orders of for the Order of the Building Standards Building Commission regarding 1300 Glen Garden Drive Standards a/k/a/ 1408 Bahama (Evergreen Apartments). Commission Mayor Barr asked if there was anyone present desiring to be heard. r l CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 19 Mr. Paul Bounds, representing the Code Compliance, appeared before the City Council and requested that both appeals be heard at the same time and with Council permission he presented a staff report regarding the property located at 1300 Glen Garden Drive a/k/a 1408 Bahama Drive (Evergreen Apartments and 5200 E. Lancaster Avenue (Park Central Apartments). He advised Council that staff was recommending that the order of March 31, 1998 hearing be reversed so that the owners and the citizens could come up with a plan within a thirty day period, and if nothing was accomplished to have both cases returned to the Building Standards Commission for further action. City Attorney Adkins advised Council that the ownership of the property could not be accomplished until after a 30-day period since it was in a receivership by the District Court. He further advised Council that any action taken today by Council would still be subject to District Court approval. Jim Schell Messrs. Jim Schell, 901 Fort Worth Club Building; Jim Gordon, 1800 Bank One Tower, 500 Throckmorton; and Kristian Summers,3327 W. 7th Street, Suite B, appeared before the City Council and advised Council that they were representing the owners and explained that under the Bankruptcy Court the other owners had been ordered to sell the property. They also explained to Council that there were two courts with overlapping jurisdiction for the property and stated that the District Court had set a hearing date of May 22, 1998. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28, 1998 PAGE 20 Monnie Gilliam Mr. Monnie Gilliam, representing Vicki Lane Homeowners and Tenants Association, 1100 Vicki Lane, appeared before the City Council and expressed opposition to the appeal of Evergreen Apartments for the property located at 1300 Glen Garden Drive and Park Central Apartments located at 5200 E. Lancaster and advised Council that he had a petition with over 500 signatures urging the City Council to uphold the Building Standards Commission. Gay Perry Ms. Gay Perry,2500 Rand, appeared before the City Council and expressed opposition to the appeal of Evergreen Apartments for the property located at 1300 Glen Garden Drive and Park Central Apartments located at 5200 E. Lancaster and requested that Council hold the property owners accountable and responsible even if it changes hand. She advised Council that there were approximately 806 units within five minutes of each other. There being no one else desiring to be heard Council Member McCloud made a motion, seconded by Council Member Silcox, that the order of March 31, 1998 hearing be reversed so that the owners and the citizens could come up with a plan within a thirty day period,and if nothing was accomplished to have both cases returned to the Building Standards Commission for further action. Council Member Haskin made a substitute motion that the City Council uphold the decision of the Building Standards Commission. The motion died for lack of a second. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28 , 1998 PAGE 21 Council Member McCloud amended his motion to continue both public hearings until May 26, 1998 City Council meeting. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Silcox, Picht, McCloud, and Hirt NOES: Council Member Haskin ABSENT: Mayor Pro tempore McCray and Council Member Wentworth Citizen Presentations Alan Moller Mr. Alan Moller, 3401 Northern Cross Boulevard, appeared before the City Council and presented a slide presentation regarding the importance of storm warning sirens. Mayor Barr expressed appreciation to Mr. Moller for the presentation and advised him that this was one of the items that would be discussed during this years budget session. Executive It was the consensus of the City Council that the Session Council meet in a closed session at 11:28 a.m. for the following purposes to seek the advice of its attorneys concerning the following pending litigation or contemplated litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 28, 1998 PAGE 22 a) Legal issues concerning transfer of partnership interest in Marcus Cable Associates, L.P. b) A.J. Singleton v. City of Fort Worth, Cause No. 17-165206-96 c) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 d) City of Dallas v. City of Fort Worth et al., Cause No. 3:97-CV-2734-T e) Legal issues concerning appeals from decisions of the Building Standards Commission as authorized by Section 551.071 of the Texas Government Code. Adjournment There being no further business, the meeting was adjourned at 12:17 p.m. Ae—�* It L-LLL-L�m (bb� CITY SECRETARY MAYOR