Loading...
HomeMy WebLinkAbout2005/08/30-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:18 a.m. on Tuesday, August 30, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Wheatfall temporarily absent. Agenda Item H The invocation was given by Dr. Willie Weaver, Worth Baptist Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Council Member Haskin, seconded by Mayor Pro tem Silcox, the Approval of minutes of the regular meeting of August 23, 2005, were approved unanimously Minutes eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item V Ms. Jenny Hickman, Director of Advocacy at Cook Children's Hospital, briefed Special the Council on Cook Children's Save a Smile program. Dr. Tonya Fuqua Presentations expressed appreciation to the Council for their support of the program and presented a plaque to the City in recognition of their support. Council Member Davis accepted the plaque on behalf of the City. Mayor Pro tem Silcox presented a Proclamation for Prostate Cancer Awareness Month to Mr. Chris Goetz, President, Christopher Goetz Clothiers, and Mr. Francis McCarthy, Board of Directors, Cowtown Cruisin' for the Cure. Mr. Goetz invited everyone to attend the 4th Annual Car Show, September 10, 2005, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 2 of 14 from 10:00 a.m. to 4:00 p.m., in Sundance Square. He added that free prostate screenings would be provided by Harris Methodist Hospital for any man who attended the event. Agenda Item VI Council Member Hicks expressed appreciation to representatives from the Announcements Engineering, Police, Code Compliance, and Housing Departments who attended the Greenway Town Hall meeting on August 23, 2005. She added that it was a very productive meeting and stated that staff did an excellent job. Council Member Jordan announced that he had the privilege of attending the dedication ceremony renaming the Tarrant County's Southwest Regional Subcourthouse as the Dionne Phillips Bagsby Subcourthouse. He commended Ms. Bagsby, former County Commissioner, on her achievements and added that he was proud to be associated with her. Council Member Espino expressed appreciation to the Fort Worth Fire and Police Departments for their support of the Police Forum at Woodland Springs Elementary School on August 23, 2005. He also thanked the 40 people who attended the organizational meeting of the District 2 Advisory Committee on August 27, 2005 at the Diamond Hill-Jarvis Library. He expressed appreciation to Fernando Costa, Planning Department Director, and Angie Rush and Leticia Hurtado from the Community Relations Department for their attendance, and to Shirley Little, Assistant to the Mayor/City Manager, for her assistance in getting the group together. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-20891 be continued until the City Council meeting on September 27, 2005. Withdrawn By Staff Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Davis, the Council voted eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 3 of 14 OCS-1507 M&C OCS-1507 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-14897 M&C G-14897 — Adopting Ordinance No. 16555-08-2005 amending the Code Ord. No. 16555- of Ordinances of the City of Fort Worth, by amending Section 10-2(a) of 08-2005 Article 1, Chapter 10, "Courts", entitled "Municipal Courts Advisory Amend Chapter Committee of the Council; other relationships prohibited", to change the 10 of City Code Municipal Court Advisory Committee to an Ad Hoc Advisory Court Committee. G-14898 M&C G-14897 — Adopting Appropriation Ordinance No. 16556-08-2005 Ord. No. 16556- increasing estimated receipts and appropriations in the Contract Street 08-2005 Maintenance Fund in the amount of$622,572.75 based on a receivable from the FY 2004-2005 Fort Worth Transportation Authority for the purpose of funding a portion of the Street Fiscal Year 2004-2005 Street Maintenance Program. Maintenance Program G-14899 M&C G-14899 — Adopting Supplemental Appropriation Ordinance No. 16557- Ord. No. 16557- 08-2005 increasing estimated receipts and appropriations in the Special Trust 08-2005 Fund, Municipal Court Building Security Center, in the amount of$315,656.00 FY 2004-2005 from available funds for the purpose of funding a transfer to the General Fund Annual Building for Annual Building Security Costs. Security Costs G-14900 M&C G-14900 — Adopting Resolution No. 3251-08-2005 setting a public Res. No. 3251-08- hearing on October 4, 2005, to consider proposed increase in collection rate for 2005 water and wastewater impact fees. Set Public Hearing on Proposed Rate Increase for Water & Wastewater Impact Fees G-14901 M&C G-14901 — Accepting, if awarded, a grant in the amount of $8,000.00 Ord. No. 16558- from the Texas Forest Service Urban and Community Forestry Grant for Public 08-2005 Outreach for the purpose of expanding the Neighborhood Tree Planting Neighborhood Program; waiving collection of any indirect costs, as part of the City of Fort Tree Planting Worth's $8,000.00 in-kind match to this grant; and adopting Appropriation Program Ordinance No. 16558-08-2005 increasing estimated receipts and appropriations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 4 of 14 in the Grants Fund in the amount of $8,000.00, subject to receipt of the 2005 Urban and Community Forestry Grant for Public Outreach from the U.S. Forest Service and the Texas Forestry Service and an in-kind match of 456 volunteer hours valued at $8,000.00, for the purpose of funding the expansion of the Neighborhood Trees Planting Program. P-10218 M&C P-10218 — Authorizing a purchase agreement with Regal Food Services, After-School Inc., to provide after-school snacks during the 2005-2006 school year for the Snacks Program Parks and Community Services Department based on best value with payment due 30 days after receipt of invoice; and authorizing this agreement to begin August 30, 2005, and expire May 31, 2006, with an option to renew for one additional one-year period. P-10219 M&C P-10219 — Authorizing a purchase agreement with Dooley Tackaberry Protective for protective structural bunker gear for the Fire Department based on best Structural Bunker value with payment due 30 days from the date of the invoice and freight Gear included; authorizing the agreement to begin August 30, 2005, and expire on August 29, 2006, with options to renew for two additional one-year periods; and executing Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program." C-20925 M&C C-20925 — Executing an engineering agreement with Teague Nall and Teague Nall and Perkins, Inc., in the amount of$243,900.00 for the Lebow Channel Hydrologic Perkins, Inc. and Hydraulic Analysis (City Project No. 00084). C-20926 M&C C-20926 — Transferring $322,000.00 from the Crime Control and Ord. No. 16559- Prevention District Fund to the Certificates of Obligation Special Project Fund; 08-2005 adopting Appropriation Ordinance No. 16559-08-2005 increasing estimated Perkins and Will receipts and appropriations in the Certificates of Obligation Special Fund in the amount of $322,000.00 from available funds for the purpose of funding a contract with Perkins and Will for the design of the Nashville Neighborhood Police Station and Traffic Division Facility located at 1100 Nashville Avenue; and executing a contract with Perkins and Will, in the amount of$300,000.00, for the design of the Nashville Neighborhood Police Station and Traffic Division Facility located at 1100 Nashville Avenue. C-20927 M&C C-20927 — Executing Amendment No. 1 to City Secretary Contract No. Amendment No. 1 30974 with Quorum Architects, for an additional fee of$6,146.00, for revisions to CSC No. 30974, to the design of the Western Communications Tower Facility. Quorum Architects CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 5 of 14 C-20928 M&C C-20928 — Transferring $1,211,068.25 from the Water and Sewer Ord. No. 16560- Operating Fund to the Sewer Capital Project Fund; adopting Appropriation 08-2005 Ordinance No. 16560-08-2005 increasing estimated receipts and appropriations Cleburne Utility in the Sewer Capital Project Fund in the amount of $1,211,068.25 from Construction, Inc. available funds for the purpose of funding a contract with Cleburne Utility Construction, Inc., for Sanitary Sewer Rehabilitation Contract LV (55), Unit 2; and executing a contract with Cleburne Utility Construction, Inc., in the amount of$1,101,068.25 for Sanitary Sewer Rehabilitation Contract LV(55), Unit 2. C-20929 M&C C-20929 — Executing a lease extension for approximately 11,000 square T. Scott feet of parking area located at 2020 15th Avenue, Lots 13 and 14, at a cost of Properties, LLC. $110.00 per month for one year; and approving the lease term of one year commencing on September 1, 2005, and expiring August 31, 2006. C-20930 M&C C-20930 — Executing a lease extension for office space located at 4603 Roosevelt Burrell Horne Street from Roosevelt Burrell d/b/a Cowtown Traffic Control at a cost of d/b/a Cowtown $3,240.00 per year; and approving the lease extension term of one year Traffic Control beginning August 16, 2005, and expiring August 15, 2006, with two options to renew for one year each. C-20931 M&C C-20931 — Approving the acquisition of one agreement for Temporary Marianne Brants Right-of-Way Entry with Marianne Brants and HARLU LIMITED and HARLU PARTNERSHIP for archaeological field survey of the proposed right-of-way LIMITED for the Eagle Mountain Raw Water Transmission Pipeline. PARTNERSHP C-20932 M&C C-20932 — Executing a contract with Cole Construction, Inc., in the Cole Construction, amount of$112,921.00 for parking improvements at River Trails III Park. Inc. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution approving the Fiscal Year 2005-06 Tarrant Res. No. 3252-08- County 9-1-1 District Budget. Mayor Pro tem Silcox made a motion, seconded 2005 by Council Member Davis, that Resolution No. 3252-08-2005 be adopted. The FY 2005-06 motion carried unanimously eight (8) ayes to zero (0) nays, with Council Tarrant County Member Wheatfall absent. 9-1-1 District Budget CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 6 of 14 Agenda Item XI Council Member Hicks made a motion, seconded by Council Member Davis, Presentations by that Mr. Gregory Scott be appointed to the Place 8 on the Board of Adjustment City Council and Mr. Jesse Kemp be appointed to the Building Standards Commission, Appointments effective August 30, 2005, and with terms expiring October 1, 2007, and September 30, 2007, respectively. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item XII There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIV—REPORT OF THE CITY MANAGER Public Hearing It appeared that the City Council set today as the date for a public hearing on G-14902 the appeal of the decision of the Historic and Cultural Landmarks Commission Appeal Decision of to deny a Certificate of Appropriateness application for specific work at the Historic and property located at 1600 Elizabeth Boulevard. Mayor Moncrief opened the Cultural public hearing and asked if there was anyone present desiring to be heard. Landmarks Commission to (Council Member Wheatfall assumed his chair at the dais.) Deny Certificate of Appropriateness Ms. Julie Lawless, Senior Planner/Historic Preservation Officer, appeared for 1600 Elizabeth before Council, gave a staff report, and called attention to Mayor and Council Boulevard - Communication No. G-14902 as follows: Continued for One Week There was presented Mayor and Council Communication No. G-14902, from the City Manager recommending that the City Council conduct a public hearing on an appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for the following work at 1600 Elizabeth Boulevard. 1. Install an 8-foot high wood fence, with an upper 2-foot lattice work, which would be located approximately 4-feet 9-inches to the east of the existing wood fence; 2. Construct a retaining wall to match existing wall at property to the north. 3. Construct an 8-foot high painted brick courtyard wall; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 7 of 14 4. Construct a new roof with a different pitch and dormers on main structure using artificial slate shingles. Shannon Logan Mr. Shannon Logan, 4232 Willow Lake Circle, appeared before Council in support of the variance. He summarized the changes he wanted to make to the structure and the processes he had followed to comply with guidelines. He explained that the courtyard wall would screen a patio that was not original to the house, and that similar changes to the carriage house in the rear of the property had been previously approved by the Historic and Cultural Landmarks Commission. Lisa Mosier Ms. Lisa Mozier, 1600 Elizabeth Boulevard, appeared before Council in support of the variance. She stated that she and Mr. Logan were engaged to be married and that the extension of the pitch of the roof would provide an additional third floor to the structure which would provide more room for their four teenage boys living in the home. Dan Roberts Mr. Dan Roberts, 2934 5th Avenue, President of the Ryan Place Neighborhood Association, appeared before Council in support of the variance. He advised the Council that the association was in the process of updating the historic renovation guidelines; however, the association had met and agreed to support the changes Mr. Logan had requested. Council Member Davis stated that there seemed to be confusion on the part of the Historic and Cultural Landmarks Commission between the Secretary of the Interior guidelines and those of the Ryan Place Neighborhood Association. She asked staff if the Secretary of the Interior guidelines were paramount to making the decision to deny the Certificate of Appropriateness. Ms. Lawless stated that the renovations had to follow the order of precedence of Secretary of the Interior, City Ordinance, and then Elizabeth Boulevard guidelines. Council Member Davis suggested continuing this request for one week and requested that the Law Department provide advice on the following: 1. Does a conflict exist between the Secretary of Interior standards and the historical guidelines for Elizabeth Boulevard? 2. Determine whether that standard would have required a denial of the request. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 8 of 14 3. What modification could be made to the language in the existing guidelines that would allow the City to consider this in a different way. Council Member Burdette asked Mr. Logan if the courtyard wall was an integral part of the design. Mr. Logan responded stated that it had design elements separate from the other three proposals. He added that he would like to advise the Council that a portion of their request must be taken to the Board of Adjustment for a special exception and variance for the fence in a projected front yard and approval of an encroachment agreement for the location of the fence and wall within the public right-of-way from the Development Department. There being no one else present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the Mayor and Council Communication No. G-14902 be continued until September 6, 2005. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Haskin recommended the City work with the applicants to speed up their permitting process as they had tried to do this the correct way. Public Hearing It appeared that the City Council set today as the date for a public hearing on G-14903 the request submitted by Ms. Wahida Hashim for a variance from Section 4-4 Variance to Sell of the City Code prohibiting the sale of alcoholic beverages at 4800 Wichita Alcohol at 4800 Street. Wichita Street- Denied Mr. Bob Riley, Development Department Director, appeared before Council, gave a staff report. He stated that the Metropolitan Church of Christ located near the convenience store supported the variance with certain restrictions; however, the restrictions were not enforceable by the City. He called attention to Mayor and Council Communication No. G-14903 as follows: There was presented Mayor and Council Communication No. G-14903 from the City Manager recommending the City Council consider the request submitted by Ms. Wahida Hashim for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages at 4800 Wichita Street. Wahida Hashim Ms. Wahida Washim, 4800 Wichita Street, appeared before Council in support of the variance. She stated that another convenience store that sold alcohol was located across the street from her location and was only 180 feet from a church. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 9 of 14 She added that there were other convenience stores in the area selling alcohol and her business simply could not compete if not allowed to sell beer. She requested the Council approve the variance. Edward Briscoe Mr. L. Edward Briscoe, 2240 Briardale Road, President of the Glencrest Civic League, appeared before Council in opposition to the variance. He submitted a letter from the Glencrest Civic League opposing the variance and stated that the area had become saturated by this type of business, used car lots, and pawn shops. He added that this affected the quality of life in the area and requested the Council deny the variance. Council Member Hicks stated that this was the third time this property had been before the Council for a variance. She added that the area had a history of crime at this location and that the owner knew there would be an issue with a variance when she purchased the property. She further stated that the Rolling Hills community needed quality grocery stores and other development. Council Member Hicks requested that the Law Department prepare an ordinance that would preclude variances of this type from being heard by the Council on a recurring basis. There being no one else present desiring to be heard in connection with the public hearing, Council Member Hicks made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council Communication No. G-14903 be denied. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10220 There was presented Mayor and Council Communication No. P-10220 from the Liquid Polymer City Manager recommending that the City Council authorize a purchase agreement for liquid polymer with Polydyne, Inc., for the Water Department based on the low bid of unit price with freight included and payment due 30 days after receipt of invoice; ratify the purchase of liquid polymer during the interim period from Polydyne, Inc., in the amount of $184,730.00; authorize this agreement to begin August 30, 2005, and expire August 29, 2006, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program." Council Member Haskin made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 10 of 14 C-20891 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. C-20891, Adopt Ordinance and Designate Fort Worth September 27, Neighborhood Empowerment Reinvestment Zone Number 23, and Authorize 2005 Tax Abatement Agreement with Zarif, Inc., for Property Located at 2721 Stn Avenue, in the Berry/University Neighborhood Empowerment Zone, be continued until September 27, 2005. Public Hearing It appeared that the City Council at its meeting of August 23, 2005, set today as C-20924 the continuation of a public hearing to adopt an ordinance to designate Fort Ord. No. 16561- Worth Neighborhood Empowerment Reinvestment Zone Number 28 and 08-2005 authorize a Tax Abatement Agreement with Will Ed Wadley, for property Designate Fort located at 220 University Drive, in the West 7th/University Neighborhood Worth Empowerment Zone. Neighborhood Empowerment Ms. Sarah Odle, Administrative Assistant, representing the Housing Reinvestment Department, appeared before Council, gave a staff report, and called attention Zone Number 28 to Mayor and Council Communication No. C-20924 as follows: There was presented Mayor and Council Communication No. C-20924 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the designation of 3.9199 acres of land described as Block 3R, Lots AR1 and AR2 (220 University Drive), Westgate (Fort Worth), City of Fort Worth, Tarrant County, Texas, as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ)Number 28; 2. Adopt Ordinance No. 16561-08-2005 amending Ordinance No. 15861 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number 14 of the City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number Twenty-Eight, City of Fort Worth, Texas"; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone; and containing other matters related to the zone; pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Will Ed Wadley are true and correct; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 11 of 14 4. Approve a five-year Municipal Property Tax Abatement for a property located at 220 University Drive in the West 7th/University Neighborhood Empowerment Zone (NEZ) owned by Will Ed Wadley; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with Will Ed Wadley for the property located at 220 University Drive in the West 7th/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard, Council Member Burdette made a motion, seconded by Council Member Davis, the public hearing be closed and Mayor and Council Communication No. C-20924 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XV It appeared that the City Council set today as the date for the public hearing in Public Hearing on connection with the proposed Ad Valorem Tax Rate for Fiscal Year 2005/2006. Proposed Ad Mayor Moncrief opened the public hearing and asked if there was anyone Valorem Tax Rate present desiring to be heard. for FY 2005/2006 There being no one present desiring to be heard, Mayor Moncrief read the following statement into the record: On September 13, 2005, at 7:00 p.m., in this Council Chamber, this City Council will vote on a proposed property tax rate of $0.865 on every one hundred dollars valuation on all property, real, personal and mixed, situated in, and all personal property owned in the City of Fort Worth, Texas, on the first day of January, 2005, liable under the law to taxation and not exempt there from by the Constitution and laws of the State of Texas. Mayor Moncrief stated that the public hearing would remain open until Council adopted the tax rate. Agenda Item XVI It appeared that the City Council set today as the date for the public hearing in Budget Hearing connection with the proposed Fiscal Year 2005-2006 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until Council adopted the budget. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 12 of 14 (Mayor Pro tem Silcox stepped away from the dais and did not return.) AGENDA ITEM XVII — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-093 It appeared that the City Council, at its meeting of June 28, 2005, continued the Denied hearing of the application of Marion and Audra Guereca for a change in zoning of property located at 1600 California Parkway North from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus used automobile sales and waiver of site plan recommended Zoning Docket No. ZC-05-093. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Christopher Mr. Christopher R. Garcia, 2100 N. Main Street, Suite 228, representing Mr. Garcia Guereca, appeared before Council in support of the zoning change. He summarized the request and stated that Mr. Guereca's main purpose was to help the community. Buddy Williams Mr. Buddy Williams, 1417 Cameron, representing the North Greenbriar Neighborhood Association, appeared before Council in opposition of the zoning change. He stated that the City Zoning Commission approved the zoning without notice being sent to the neighborhood association. He added that the case had been delayed for 60 days to allow the applicant to respond to neighborhood concerns. He further stated the neighborhood requested they review the site plan, but the site plan was not provided until recently. He asked that the Council deny the zoning request. Council Member Davis expressed concern that no matter what was done on the site plan for a used car lot, it would always be a used car lot. She stated that there were too many used car lots in the area. There being no one else present desiring to be heard in connection with the application of Marion and Audra Guereca, Council Member Davis made a motion, seconded by Council Member Hicks, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-093 be denied. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. Item XVIII Mr. Monterio R. Campbell, 2800 Westwind, Apt. 102, appeared before Council Citizen relative to damage to his vehicle resulting from a high speed chase where gun Presentations shots were fired. He stated that he had followed directions of the Police Monterio Department and filed a claim with the City's Risk Management Office, but that Campbell the claim was denied. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30, 2005 PAGE 13 of 14 City Attorney Yett requested that Mr. Campbell meet with Ms. Sue Haupt from the Risk Management Department, to resolve his concerns. Jeff Yeh Mr. Jeff Yeh, 4401 Springbranch Drive, appeared before Council relative to oppression by the Chinese Communist Party. He briefed Council on the newspaper "The Epoch Times" and the special edition reflecting the nine commentaries of the Communist Party. Alice Lam Ms. Alice Lam, 2146 Springwood, Carrollton, Texas, appeared before Council relative to the global rescue of orphans in China. She stated that followers of the practice of Falun Gong were being killed and their children left orphaned. She asked that the Council pass a resolution in support of efforts to rescue orphans to the United States. She asked that the Council attend a concert on Saturday, September 10, 2005, at the Eisemann Center Hill Performance Hall, 2351 Performance Drive, Richardson, Texas, supporting the rescue effort and distributed flyers and tickets to the Council for this event. Mayor Moncrief stated that although support through a resolution was not appropriate by the Council, individual Council Members could attend the concert or other events. Charlie Mayor Moncrief recognized Mr. Charlie Weathersby as wishing to address the Weathersby Council relative to garbage issues; however, Mr. Weathersby was not present in the Council Chamber. Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:48 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning a proposed purchase agreement for wireless phone services and equipment; b) Legal issues concerning City Hall security; c) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING AUGUST 30,2005 PAGE 14 of 14 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:30 p.m. Agenda Item XX There being no further business, the meeting was adjourned at 12:30 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 6th day of September, 2005. Attest: Approved:Jr Marty Hendi' Michae J. Mon ' f City Secretary Mayor