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HomeMy WebLinkAbout2009/11/10-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 Present Mayor Mike Moncrief Mayor Pro tem Daniel Scarth, District 4 Council Member Salvador Espino, District 2 Council Member W. B. "Zim" Zimmerman, District 3 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Kathleen Hicks, District 8 Council Member Joel Burns, District 9 Staff Present Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 7:06 p.m. on Tuesday, November 10, 2009, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. II.INVOCATION- Reverend Brett Ballard, Central Christian Church The invocation was provided by Council Member Espino as Reverend Ballard could not attend the meeting. III.PLEDGE OF ALLEGIANCE The Civil Air Patrol from Meacham International Airport presented the colors and led the Pledge of Allegiance. Mayor Moncrief requested a moment of silence for the lives lost, the soldiers and families left behind after the Fort Hood shooting tragedy. IV.CONSIDERATION OF MINUTES OF REGULAR MEETING OF NOVEMBER 3, 2 09 Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that the minutes of regular meeting of November 3, 2009, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 2 of 22 Mayor Moncrief announced the following items would be moved up on the Council Agenda for Council consideration: VII. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA VIII. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF XII. CONSENT AGENDA VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA There were no items withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication No. G-16731 be withdrawn and replaced with G-16731 (Revised). He further advised that the public comments related to Mayor and Council Communication No. G-16752 would be heard but final action by the Council would be continued to December 8, 2009. XII.CONSENT AGENDA Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that the Consent Agenda be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. A.General - Consent Items 1.M&C G-16753 - Authorizing the City Manager to Execute a Renewal of an Amendment to Enter Into a Sublease Agreement with International Sister Cities Association of Fort Worth for an Additional One (1)Year Term Period for Property Located at 808 Throckmorton Street. 2.M&C G-16754 - Authorizing the Temporary Closure of a Portion of Main Street Between 3rd Street and 4th Street from November 16, 2009, Until January 5, 2010, for the Downtown Fort Worth Initiatives, Inc.,Annual Christmas Tree Display. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 3 of 22 (XII. CONSENT AGENDA Continued) 3.M&C G-16755 - Considering and Adopting the Following Findings of the Ground Transportation Coordinator: the Public Necessity and Convenience Require the Operation of Two (2) Limousines Upon the City Streets, Alleys and Thoroughfares; Perfect Choice Limousine Services is Qualified and Financially Able to Conduct a Limousine Service within the City; Perfect Choice Limousine Service has Complied with the Requirements of Chapter 34 of the City Code; Perfect Choice Limousine Service Presented Facts in Support of Compelling Demand and Necessity for Two (2) Limousines; the General Welfare of the Citizens of the City will Best be Served by the Addition of Two (2) Limousines Upon City Streets,Alleys and Thoroughfares; and Adopting Ordinance No. 18906-11-2009 Granting the Privilege of Operating Authority to Perfect Choice Limousine Service for the Use of Streets, Alleys and Public Thoroughfares of the City in the Conduct of its Limousine Business, which Shall Consist of the Operation of Two (2) Limousines, for a Three (3) Year Period Beginning on the Effective Date; Specifying the Terms and Conditions of the Grant; Providing for Written Acceptance by Perfect Choice Limousine Service; and Conditioned Upon Perfect Choice Limousine Service, Complying with All Requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as Amended. 4.M&C G-16756 - Adopting Appropriation Ordinance No. 18907-11-2009 Increasing the Estimated Receipts and Appropriations in the Special Trust Fund in the Amount of$25,000.00, from Available Funds, Allocating Contractual Payment from Aramark Sports and Entertainment Services of Texas, Inc., for the Purpose of Improving Concession Operations, Purchasing Improvements or Equipment and for Advertising, Marketing and Promotion of Usage of City of Fort Worth Public Events Facilities; and Authorizing the Use of these Funds in Accordance with the City's Purchasing and Expenditure Guidelines. B.Purchase of Equipment, Materials, and Services - Consent Items 1.M&C P-11054 - Authorizing a Purchase Agreement with CJ Hensch & Associates, Inc., for Traffic Count Services for the Transportation and Public Works Department, for an Annual Amount Up to $35,000.00. 2.M&C P-11055 - Authorizing a Purchase Agreement for Bullard Thermal Imagers and Accessories from Metro Fire Apparatus Specialists, Inc., through Texas Association of School Boards BuyBoard Contract No. 284-08 for the Fire Department for an Amount Up to $50,000.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 4 of 22 (XII. CONSENT AGENDA Continued) C.Land - Consent Items 1.M&C L-14882 - Authorizing the Acquisition of a Total of 0.3666 Acres for Two (2) Sanitary Sewer Easements from Alcon Laboratories, Inc., to be Used for the Construction of the Sanitary Sewer Replacement and Relocation Project L-6393, Located at 250 East Altamesa Boulevard, Described as a Portion of Lot B-R, Block 2 and 6551 South Freeway, Described as a Portion of Lot E, Block 2, Both Properties Located in the Alcon Addition, Fort Worth, Tarrant County, Texas, in South Fort Worth in the Amount of$76,600.00 and Pay the Closing Costs of$3,000.00. Finding that the Appraised Value is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments for DOE No. 6018, Project No. 01018. 2.M&C L-14883 - Authorizing the Acquisition of a 0.1242 Acre Sanitary Sewer Easement from Chhatrala DFW, LLC d/b/a Radisson Hotel Fort Worth South, to be Used for the Construction of the Sanitary Sewer Replacement and Relocation Project L-6393, Located at 100 East Altamesa Boulevard, Described as a Portion of Lot A-R, Block 2, Alcon Addition, Tarrant County, Texas, in South Fort Worth, in the Amount of$29,200.00 and Pay the Estimated Closing Costs of$3,000.00; Finding that the Appraised Value is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments for DOE No. 6018, Project No. 01018. E.Award of Contract- Consent Items 1.M&C C-23897 - Authorizing the City Manager to Execute a Communications Systems Agreement with the Fort Worth Transportation Authority for Continued Participation in the City of Fort Worth's Two Way Public Safety Radio System in which the Fort Worth Transportation Authority will Reimburse its Share of Operations and Maintenance to Ensure No Cost to the City. During Fiscal Year 2010, the Reimbursement is Estimated to be Approximately $80,352.00. 2.M&C C-23898 - Authorizing the City Manager to Execute a Five (5) Year Development Agreement Between the City and the Old Elizabethtown Trust for the Application of Development Standards in Lieu of Annexation for Property Located Near Old Elizabethtown Cemetery Road in Unincorporated Denton County; and Executing Five (5) Year Development Agreements Between the City and the Property Owners Listed for the Application of Development Standards in Lieu of Annexation for Property Located North of SH 114, East of FM156 and West of I-35W in Unincorporated Denton County: Charles Bellinghausen; Industrial Development International (Texas) L.P.; Industrial Developments International, Inc.; Mitchell, Mitchell & Mitchell; Roanoke Ranch & Inv. Co.; and Doyle Wood. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 5 of 22 (XII. CONSENT AGENDA Continued) 3.M&C C-23899 - Authorizing the City Manager to Enter into an Agreement with the Burlington Northern Santa Fe Railway Company with City Participation in the Amount of $52,800.00 to Install a Railroad Crossing, Provide Flagging for the Reconstruction of Roadway Approaches and Construct a New Sidewalk Within the Railroad Right-of-Way in the 2700 Block of Lipscomb Street from West Capps Street to West Berry Street (Project No. 00455) (DOE-5411) in Conjunction with the 2004 Capital Improvement Program. 4.M&C C-23900 - Authorizing the City Manager to Execute an Agreement and Accept Funds in the Amount of $18,000.00 from the Internal Revenue Service, Criminal Investigation, for the Purpose of Receiving Reimbursable Overtime ($4,000.00) and Travel ($14,000.00) Costs Incurred by the City in Providing Resources to a Joint Operations/Task Force; Authorizing the Agreement to become Effective on the Same Date it is Executed by Both Parties and Terminate on the Last Day of the Current Fiscal Year; Authorizing the Agreement to be Renewed Annually by Terms Agreeable to Both Parties, Effective Beginning on October 1 of Each Fiscal Year; and Adopting Appropriation Ordinance No. 18908-11-2009 Increasing the Estimated Receipts and Appropriations in the Grants Fund by $18,000.00, Upon Execution of the Agreement. 5.M&C C-23901 -Authorizing the City Manager to Execute a Memorandum of Agreement with the Texas Military Forces, Texas National Guard, to Participate in the Texas Joint Counter Drug Task Force in Support of Law Enforcement Counter-Drug Activities. XIIL PRESENTATIONS BY THE CITY SECRETARY - CONSENT ITEMS OCS-1750- Notice of Claims for Alleged Damages and/or Injuries End of Consent Agenda. V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. 1.Presentation of the Salvation Ar Y Red Kettle Cam Major Rick Raymer, Assistant Dallas/Fort Worth Metroplex Commander, Salvation Army, presented information regarding the Salvation Army Red Kettle Campaign. He stated the Salvation Army had requested time at the Council Meeting to kickoff their Annual Red Kettle Campaign in Fort Worth. He advised of the importance of the organization and the Salvation Army buildings that provided services in the Metroplex, including the Directions Home Program. He pointed out that Fort Worth raised $533,000.00 last year and the need for service had increased by 168 percent. He requested that Mayor Moncrief don the "red apron" and ring the bell. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 6 of 22 (V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Mayor Moncrief placed the first donation from Fort Worth in the kettle and invited the audience to donate any spare change they had to kickoff the campaign that would officially start the season of giving in Fort Worth. 2.Presentation of Proclamation Veterans Awareness ee Council Member Jordan presented a Proclamation for Veterans Awareness Week to Chester Slaughter, Director of Tarrant County Veteran Services. He stated the City of Fort Worth believed it was appropriate to salute the tens of thousands of men and women who had served and were presently serving in America's Armed Forces including the hundreds of thousands who had given their lives in service to the nation. He advised that Veterans Day was a celebration to honor America's veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. He pointed out Veterans Day was observed on November 11th every year to preserve the historical significance of the date and focus attention on the importance of the dedication shown by those who had served and were currently serving the country around the world. Mr. Chester Slaughter expressed appreciation to the Council for the Proclamation and their support. 3.Presentation of Certificates of Recognition to Former Board and Commission Members Council Member Burdette presented Certificates of Recognition to the following former Board and Commission members: Ms. Bobbie Shosty-McCurdy, for her service on the Appeals Board from September 26, 2006, through May 28, 2009. Mr. Kirk Millican, for his services on the Art Commission from February 26, 2002, through September 30, 2009. Ms. Brenda Tillman, for her service on the Aviation Advisory Board from July 24, 2004, through June 18, 2009. Mr. Ramon Romero, for his service on the City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees from October 30, 2007, through September 23, 2009. Mr. Carl G. Harkins, Jr., for his service on the Construction and Fire Prevention Board of Appeals from June 29, 2004, through October 1, 2009. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 7 of 22 (V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Mr. Moujahed Bakhach, for his service on the Fort Worth Human Relations Commission from July 13, 2004, through July 31, 2009. Ms. Patricia Ward, for her service on the Historic and Cultural Landmarks Commission from January 29, 2002 through July 28, 2009. Ms. Mary Ann Epps, for her service on the Library Advisory Board from July 1, 2003, through August 6, 2009. Ms. Dolores G. Owens, for her service on the Library Advisory Board from April 5, 2005, through August 6, 2009. Mr. Paul Enuke, for his service on the Mayor's Committee on Persons with Disabilities from May 15, 2007, through August 26, 2009. City Secretary Hendrix advised that the following individuals were unable to attend the meeting to receive a Certificate of Recognition: Mr. Miguel Garcia, for his service on the Aviation Advisory Board from October 30, 2007, through October 1, 2009. Mr. Jefferson Davis, Jr., for his service on the Board of Adjustment - Residential from February 6, 1996, through October 17, 2009. Mr. Derek Brown, for his service on the City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees from November 11, 2008, through August 30, 2009. Mr. Dennis Shingleton, for his service on the City Plan Commission and Capital Improvements Advisory Committee for Transportation Impact Fees from October 17, 2000, through October 22, 2008. Ms. Robbie Slaughter, for her service on the Community Action Partners Council from December 14, 2006, through July 5, 2009. Ms. Bunny Gardner, for her service on the Library Advisory Board from August 19, 2008, through October 1, 2009. Mr. Steven Relyea, for his service on the Parks and Community Services Advisory Board from December 18, 2001, through August 26, 2009. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 8 of 22 (V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. Continued) Mr. Dennis Dunkins, for his service on the Parks and Community Services Advisory Board from December 2, 2003, through August 26, 2009. Ms. Helen Sides, for her service on the Art Commission from February 26, 2002, through September 30, 2009. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF 1. Upcoming a nd Recent Events Mayor Moncrief announced that November 13, 2009, was "Go Purple Day" in honor of the Texas Christian University (TCU) Football Team. He stated Fort Worth employees, local business owners and citizens were encouraged to dress casual this Friday and wear purple in support of the TCU versus Utah University football game on November 14, 2009. He further stated that TCU would host the ESPN College Game Day program and encouraged citizens to show their school spirit by arriving to the game early and in purple attire to cheer on the TCU Horned Frogs. Council Member Burns announced that the Third Annual Lone Star International Film Festival would be held on November 14, 2009, in Sundance Square. He also announced that he held District 9 neighborhood office hours on the third Thursday of every month, and stated this month's meeting would be held on November 19, 2009, from 3:00 p.m. to 7:00 p.m. at La Gran Plaza, located on Seminary Drive. Council Member Hicks expressed appreciation to City staff for attending the District 8 Town Hall meeting, held on November 7, 2009. She added that Senator Wendy Davis and Fort Worth Independent School District Superintendent Melody Johnson also attended the meeting which was held at Polytechnic High School. She further announced that the West Meadowbrook Neighborhood Association would hold their fourth annual fundraiser, benefitting the Human Society, on November 16, 2009, at 6:30 p.m. at Meadowbrook United Methodist Church, located at 3900 Meadowbrook Drive. She also congratulated Texas Wesleyan University Law School and stated the school had a ninety-three percent (93%) pass rate of the Bar Exam, which was the highest the school had ever received. Council Member Jordan announced the Fort Worth Veterans Day Parade would be held on November 11, 2009, at 10:00 a.m. and would begin in the Stockyards. He also expressed appreciation to all who attended the District 6 Coffee, held on November 7, 2009, and stated many issues were discussed and the meeting was successful. He wished Coach Gary Patterson and the TCU Horned Frogs good luck at the football game this weekend. He added that Coach Patterson not only produced magnificent football players, but great students, gentlemen and citizens as well. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 9 of 22 (VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF Continued) Council Member Burdette announced the Parks and Community Services Department celebrated their 100th Anniversary at the Japanese Garden on November 6, 2009. He stated the ceremony was beautiful and encouraged everyone to visit the Japanese Garden because the autumn leaves were spectacular. Council Member Espino announced that race weekend at Texas Motor Speedway was a great success and brought over 200,000 fans from across the country to Fort Worth. He stated Kyle Busch won both the Truck Race and the O'Reilly Challenge and his brother, Kurt Busch, won the Dickies 500 Race. He also advised that the 100th Anniversary Dinner for United Community Centers was held on November 7, 2009, and expressed appreciation to the staff and volunteers of United Community Centers. 2.BgL2gnition of Citizens There were no citizens recognized at this time. IX.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membershi Boards and ss s Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Ms. Gyna Bivens be appointed to Place 5 on the Board of Adjustment Commercial and the Fort Worth Alliance Airport Board of Adjustment effective November 10, 2009, and with a term expiring October 1, 2011 and that Mr. Rubby Smith be reappointed to Place 5 on the Building Standards Commission, effective November 10, 2009, and with a term expiring September 30, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mr. Henry Borbolla be reappointed to Place 1 and Mr. Scott Polikov be reappointed to Place 7 on the Downtown Design Review Board as recommended by the Legislative and Intergovernmental Affairs Committee, effective November 10, 2009, and with terms expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. Motion: Council Member Burdette made a motion, seconded by Council Member Hicks, that Mr. Mathew Carter be appointed to Place 3 and Ms. Nina Petty be appointed to Place 5 on the Downtown Design Review Board as recommended by the Legislative and Intergovernmental Affairs Committee, effective November 10, 2009, and with terms expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 10 of 22 (IX. PRESENTATIONS BY THE CITY COUNCIL Continued) Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that Mr. James Marshall be appointed to Place 9 on the Parks and Community Services Advisory Board effective November 10, 2009, and with a term expiring October 1, 2011. The motion carried unanimously nine (9) ayes to zero (0) nays. X.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR COMMITTEES Mayor Moncrief provided an explanation of the next agenda item and the companying item of M&C G-16757. He also advised of the speaker protocol. 1.Fort Worth Human Relations Commission Resolution to Recommend Amendment of the ity's Anti Discrimination Ordinances to r 1 It Discrimination on the Basis of_Transgender, Gender Identity and e er Expr ess ion - PresealLd bl Estrus Tucker, Chair Mr. Estrus Tucker, Fort Worth Human Relations Commission (HRC), Chair, read the following resolution adopted by the HRC which recommended the amendment of the City's Anti- discrimination Ordinances to prohibit discrimination on the basis of transgender, gender identity and gender expression. He was accompanied by members of the HRC. RESOLUTION OF THE FORT WORTH HUMAN RELATIONS COMMISSION WHEREAS, the Human Relations Commission is charged with recommending to the City Council and City Manager measures designed to eliminate prejudice and discrimination and to promote and encourage communications between groups interested in better our community; and WHEREAS, the City of Fort Worth has adopted anti-discrimination ordinances that prohibit discrimination in places of public accommodation, employment practices, and in housing/real estate transactions on the basis of race, color, religion, national origin, sex, disability, age and sexual orientation. These ordinances also prohibit discrimination in housing/real estate transactions on the basis of familial status. WHEREAS, the Fort Worth Community Relations Department, the City department charged with investigating and resolving complaints of discrimination in the employment, housing, and places of public accommodation, has received various complaints and inquiries from Fort Worth residents about issues pertaining to the transgender community, including gender identity and gender expression discrimination; and WHEREAS, during the February 2009 and March 2009 regularly scheduled meetings of the Human Relations Commission, the Commission received information and input from individuals impacted by discriminatory practices within the City of Fort Worth on the basis of transgender discrimination, including gender identity and gender expression discrimination; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 11 of 22 (X. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES Continued) WHEREAS, the City's current anti-discrimination ordinances do not specifically prohibit based on transgender, gender identity or gender expression; and WHEREAS, Fort Worth's vision to be Texas' "Most Livable City" cannot be realized without providing equal protection in employment, housing, and places of public accommodation to all members of the Fort Worth community; THEREFORE BE IT RESOLVED BY THE FORT WORTH HUMAN RELATIONS COMMISSION: SECTION 1. That in fulfillment of its duty to ensure that all people who live, work, and utilize places of public accommodation within the City of Fort Worth are treated equally, advises the Mayor and City Council to amend the City of Fort Worth's anti-discrimination ordinances, which prohibit discrimination in places of public accommodation, employment practices, and housing/real estate transactions, to include transgender protection, including gender identity and gender expression protection. SECTION 2. That it is hereby officially found and determined that the meeting of the Fort Worth Human Relations Commission at which this Resolution was adopted was open to the public, and that public notice of the time, place and purpose of said meeting was given, as required by Chapter 551 of the Texas Government Code. SECTION 3. That this Resolution shall take effect upon adoption on this 28th day of July, 2009. Adopted this 28th day of July, 2009. He stated that the ordinance change that was going before the Council this evening was just the latest in a long line of measures fostered by the HRC to eliminate discrimination and to encourage communication between groups interested in making Fort Worth a better place to live, work and visit. He added that the proposed ordinance was not a reaction to a single occurrence. He further stated that the HRC was fulfilling its duty to all residents of Fort Worth and ensuring that they provided protection in employment, housing and places of public accommodation to all members of the Fort Worth community. Mayor Moncrief expressed appreciation to Mr. Tucker and all of the HRC Commissioners for their valuable work on behalf of the residents of Fort Worth. Mayor Moncrief advised that Mayor and Council Communication No. G-16757 would be moved up on the agenda and considered first to accommodate the large number of speakers on the item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 12 of 22 XIV.REPORT OF THE CITY MANAGER B.General 4.M&C G-16757 - Adopt an Or inance A i a evisi a ter 7, Artic es a d III of the Code of the City of Fort Worth (1986) to Prohibit Discrimination in Places of Public Accommodation, Employment and Housing on the Bases of Transgender, Gender Expression and GendeLidgntit3L. The following individuals appeared before Council in support of Mayor and Council Communication No. G-16757 and relative to discrimination on the bases of transgender, gender expression, gender identity and requested Council approve the ordinance amendment: Randy Norman, 651 South Jennings Avenue David Mack Henderson, 3451 River Park Drive Scott Bellen, 1813 Ederville Road South Ramsey Sprague, 1407 '/z Hurley Avenue Lisa Thomas, 2214 Fairmount Avenue Jon Nelson, 4500 Westridge Avenue Silas O. Hughes, Jr., 2301 Ridgmar Plaza, No. 10 Charlotte Sobel, 3 101 Binyon Victoria Van Fleet, 8505 Prairie Rose Lane Steve Dutton, 500 Throckmorton Street, No. 2410 David Reed, 4500 McCart Avenue Kelli Anne Busey, 108 Juniper Drive, Arlington, Texas, 76108 Barb Heptig, 2236 Huntington Lane Joan Kline, 1215 Elizabeth Boulevard Linda Hughes, 2301 Ridgmar Plaza, No. 10 Denise Bennett, 2055 West Lotus Avenue Robert Vann, 7317 Ellis Road Tootsye Barnes, 8204 Vinewood Drive, North Richland Hills, Texas, 76182 Reed Bilz, 6130 Haley Lane Tolli Thomas, 5341 Wooten Drive Greg Hughes, 2544 Stadium Drive Sharon Salih, 5051 Tierney Court South Carl J. Stoneham 753 Buffalo Springs Rafael McDonnell, 9161 Autumn Falls Kathryn Omarkhail, 2055 West Lotus Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 13 of 22 (G-16757 Continued) The following individuals completed a speaker card in support of Mayor and Council Communication No. G-16757, but did not wish to address the Council: Andrea Reis, 1724 Richmond Drive Renee' Groskreutz, 1724 Richmond Drive Charles Potter, 4213 Chestnut Street Steve Friday, 7516 Acapulco Road Steve Bratka, 2521 Ryan Place Drive Carl Nutt, 916 East 3rd Street Pam Roger, 4104 Hulen Place Baylor Johnson, 1835 Watercrest Drive Randy Seago, 4213 Chestnut Street Jerry Glazner, 5301 Curzon Richard E. Burrow, 7800 Mockingbird Lane, No. 93, North Richland Hills, Texas, 76180 Karen L. Flint, 705 Sunrise Court Brent Allison, 4012 Medford Road Gregory Story, 2105 Montclair Drive John David Martin, 4124 Anita Avenue Lee Zollinger, 4012 Medford Road Deborah Bechtal, 6504 Arbor Lane, No. 413 Robert Carr, 7016 Hawaii Lane, Arlington, Texas, 76016 John Rodriquez Corpus, 250 Pennsylvania Avenue, No. 135 Tony Vedda, 4123 Cedar Spring Road, Suite 1206, Dallas, Texas, 75219 Christopher Neu, 5270 Meadowbrook Drive Jesse Meraz, 5270 Meadowbrook Drive Diana Gonzales, 6420 Garland Avenue Sarah Garrett, 6420 Garland Avenue John Dickinson, 225 Pemberton Drive, White Settlement, Texas, 76108 Thomas Jennings, 225 Pemberton Drive, White Settlement, Texas, 76108 Jilyna Ryann Hodge, 225 Pemberton Drive, White Settlement, Texas, 76108 Doreen Greiger, 6413 Chauncery Place John P. Huffman, 3809 Trail Lake Drive Steve Maxwell, 3904 Driskell Boulevard Dana R. Dempsey, 417 Wilmington Court, Garland, Texas, 75052 Lori Butler, 2301 Marigold Avenue CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 14 of 22 (G-16757 Continued) The following individuals appeared before Council in opposition to Mayor and Council Communication No. G-16757 and relative to discrimination on the bases of transgender, gender expression, gender identity, protected classes, promotion of a particular lifestyle, membership representation on the Diversity Task Force and Human Relations Commission and requested Council vote against the ordinance amendment: Richard Clough, P.O. Box 136863, Lake Worth, Texas, 76136 Scott Graham, 5579 Rocky Mountain Debbie Dena, 1509 Trafalger Road Stella Jimenez, 4636 Bonnell Avenue Ruben Jimenez, Sr., 4636 Bonnell Avenue Raelene Stewart, 900 West Waggoman Street Beverly Branham, 6487 Woodstock Road Sean C. Rafferti, 3025 Gunnison Trail Keith Wilson, 101 Zuni Trail South Jack Bassett, 7212 Breckenridge Drive Kelly Jones, 2116 Laughlin Road Phil Ernest, 3925 Misty Meadow Drive Joe Lawler, 7605 Royal Troon Stephanie Klick, 8450 Trace Ridge Parkway Jerry Horton, 2608 Carter Avenue Monte Mitchell, 7220 Craig Street Paulette Rook, 4332 Barcelona Drive Serena Frieburg, 223 Remington Lane Sophia Bassett, 7212 Breckenridge Drive Ronny Armstrong, 712 East 3rd Street, Weatherford, Texas, 76086 Katherine Hagood, 3511 Westcliff Road South Jeff Sanders, 2905 Park Arbor Peggy Borchert, 7129 Norma Street Matt Krause, 5800 Misty Breeze Drive Malcolm Upton, 2021 Turtle Pass Trail Brian Blythe, 7858 Park River Court The following individuals completed a speaker card in opposition to Mayor and Council Communication No. G-16757, but did not wish to address the Council: Joni Boggs, 1112 Vivienne Street, Weatherford, Texas, 76086 Kandice Cole, 2224 Watson Street Marshall MacDonald, 6100 Silver View Lane CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 15 of 22 (G-16757 Continued) Donna MacDonald, 6100 Silver View Lane Sultan Cole, 2224 Watson Street Chad McRae, 8332 Whippoorwill Drive The following individuals completed a citizen presentation card and appeared before Council in support of the recommendations by the Diversity Task Force: Terry B. Thompson, 725 Woodland Avenue Gerald A. Beauchamp, 800 Panay Way Drive Karen L. Flint, 705 Sunrise Court, completed a citizen presentation card and in support of the recommendations by the Diversity Task Force but did not wish to address the Council. Tiffany Aller, 704 Canyon Creek Trail, completed a citizen presentation card and appeared before Council in opposition to the recommendations by the Diversity Task Force. Mayor Moncrief and Council Members Hicks, Espino, Moss, Burns and Zimmerman expressed appreciation to all who attended the meeting to passionately express their points of view on the item. They stated that they would support the ordinance to eliminate discrimination against anyone in the City of Fort Worth. They commended the Human Relations Commission and the Diversity Task Force for their countless hours and hard work and stated the City's diversity was considered a strength not a weakness. Mayor Pro tem Scarth and Council Members Jordan and Burdette also expressed appreciation to the Human Relations Commission and the Diversity Task Force for their countless hours and hard work and to all who attended the meeting to participate in the discussion. They stated they would not support the ordinance because it was too broad and vague. They added that more time was needed to review the wording of the ordinance and obtain citizen input. Motion: Council Member Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16757 be approved and Ordinance No. 18909-11-2009 be adopted. The motion carried six (6) ayes to three (3) nays, with Mayor Pro tem Scarth and Council Members Jordan and Burdette casting the dissenting votes. Mayor Moncrief recessed the meeting at 11:46 p.m. and reconvened the meeting at 11:56 p.m. with Mayor Pro tem Scarth temporarily absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 16 of 22 Mayor Moncrief advised that Mayor and Council Communication No. G-16731, G-16731 (Revised) and Zoning Docket ZC-09-1 10 would be considered at this time, followed by the remaining agenda items: 1.It was the Consensus of the Council that Mayor and Council Communication No. G-16 Ador)t Ordinance Amending Chapter 15, Article 11 - Gas Drilling and Production to Require City Council Approval for Gas Drilling or of Freshwater Fracture Ponds in Urban Villages, be Withdrawn from Consideration. 2.M&C G- �-fevised) Adot)t an Ordinance Amending the Code of Ordinances of the City of Fort Worth, by Amending Article 11 of and Production," Re2ulatin2 the Drilling and Production of Gas Wells within the City to Amend Section 15-31, "Definitions" to Add a Definition for Urban Villages and to Amend Freshwater Fracture Pits to Add a Reference to Ponds-Amend Section as Well Permit Required" to Require City Council Approval for Gas Wells in Urban Villages; Amend Subsection 17 of Section 15-42,_"Technical Regulations" to Reguire Council Approval for Fracture Ponds in Urban Villages. (Mayor Pro tem Scarth assumed his place at the dais.) Council Member Jordan advised that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this item. (Council Member Jordan left his place at the dais.) Ms. Jerre Tracy, Executive Director, Historic Fort Worth Inc., 1110 Penn Street, completed a speaker card in support of Mayor and Council Communication No. G-16731 and was recognized by Mayor Moncrief, but was not present in the Council Chamber. Ms. Doreen Geiger, 6413 Chauncery Place, appeared before Council in support of Mayor and Council Communication No. 16731 and relative to the preservation of the Ridglea Theatre and other historical sites and requested Council support of the item. Mr. Greg Hughes, 2544 Stadium Drive, appeared before Council in opposition to Mayor and Council Communication No. 16731 and relative to protection of urban villages and environmental impacts of gas well drilling and requested Council vote against the item. Council Member Hicks clarified that the ordinance was an effort to request that gas well companies work with the Council on the placement of the gas well sites and fracture ponds to better fit the urban villages and ensure proper development of the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 17 of 22 (G-16731 (Revised) Continued) Council Member Zimmerman advised that the process had begun to have the Ridglea Theatre designated as a historical site. Motion: Council Member Hicks made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. G-16731 be approved and Ordinance No. 18910-11-2009 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays and one (1) abstention by Council Member Jordan. (Council Member Jordan returned to his place at the dais.) XV.ZONING HEARING It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper of the City of Fort Worth, on September 30, 2009. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. 1.Zoning Doc et No. ZC-09-110 - Lockard Construction, South erry Street between Mitchell Boulevard and Vaughn Boulevard, from `°PIS-720`° Planned Development for E Uses with Exclusions and to c e Develo ment Standards and "PD-721" a e eve e t for A-5 Uses to Include a Restricted Buffer Area for Any Gas Well Heads within 600 Feet to Amend Development Standards for "PD-720" Planned Development; Site Plan Waiver Recommended. fRecommended for A Mr. Michael Clark, applicant, 6750 Hillcrest Plaza, No. 325, Dallas, Texas, 75230, appeared before Council in support of Zoning Docket No. ZC-09-110 and relative to the economic development in the area. Mr. Bob Smith, President, Lockard Companies, 4501 Prairie Parkway, Cedar Falls, Iowa, appeared before Council in support of Zoning Docket No. ZC-09-110 and relative to the company bringing quality commercial development to the area. Council Member Hicks expressed appreciation to the applicant and the City staff for their hard work and efforts on the project and stated she was excited to see the much needed quality development in the area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 18 of 22 (ZC-09-110 Continued) Motion: Council Member Hicks made a motion, seconded by Mayor Pro tem Scarth, that Zoning Docket No. ZC-09-1 10 be approved with appreciation to City staff and the applicant. The motion carried unanimously nine (9) ayes to zero (0) nays. XI.RESOLUTION 1.A Resolution Declaring the Res u is of the Election Held on Tuesdal, November 3, 2 he Continuation of the Fort Worth Crime Control and Prevention District for Five Years and the Continuation of the District's One-Half Cent Sales Tax for Five Years Motion: Mayor Pro tem Scarth made a motion, seconded by Council Member Zimmerman, that Resolution No. 3809-11-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC G-16752 - Consider a Waiver Request by Quicksilver Resources for a Gas Well Permit Less than 600 Feet from a Protected Use at the Alliance TCN Lease Located at 3897 Litsev Road LContinued from November 3, 2009} PUBLIC HEARING Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. a.Report of City Staff There was no report of City staff. b.Citizen Presentations There were no citizen presentations. c.Council Action Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. G-16752 be continued until the December 8, 2009, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 19 of 22 5.M&C G-16758 - Authorize the C ity a s er t o y r a Acce t, i A are , a ra nt from the Texas peUartment of Transportation in the Amount of$335,000.00 for the Safe Routes to School Pr2grgMi_g!jj�� Appropriation Ordinance Increasing the Estimated Receipts and Appropriations in the Grant Capital Projects Fund, Upon Receipt of the Grant. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-16758 be approved and Appropriation Ordinance No. 18911-11-2009 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C.Purchase of Equipment, Materials, and Services LM&C P-11056 - Authorize Agreements with the National Intergovernmental Purchasing Alliance ( ational IPA), Truman Arnold Co (MEOC) for Motor Fuels for the Equipment Services Department and Other National Public Agencies for an Annual Amount of City of Fort Worth Expenditures Up to $9,000,000.00 as Follows: Award Purchase Agree ents with TAC and MEOC for the City of Fort Worth. TAC will be the Primary Supplier for Unleaded and E85 Fuel and the Secondary Supplier of Diesel and Biodiesel Blend Fuels. MEOC will be the Primary Surmlier of Diesel and Biodiesel Blend Fuels and the Secondarl Supplie of Unleaded and E85 Fuel; Awar a Dual National Award to TAC and MEOC for All Motor Fuels (Unle ded and Diesel., All Varieties) Re guested in the Request For Proposal and any Future Fuels Added by Amendment. MEOC is Recommended for an Award as a Sutmlier for the State of Texas Oniv and TAC is Recommended for an Award as Supplier for All 48 Contiguo s United States-_and Authorize a Rebate to Princip I Procurement Agency Agreement with National IPA. Motion: Council Member Zimmerman made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. P-11056 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. D.Land 1.M&C L-14884 - Authorize the Aig1!jjjjj2L of a 0.144 Acre Sanitary Sewer asem eta nd a 0.074 Acre Temr)orary Construction Easement from SHG Resources, LP, Located at 850 12th Avenue, D scribed as a Portion of Lot 2111, Block 2, Me ical Centre Addition, T errs Coun Texas, in South Fort W r , e A mount of$104 022.00 and Pav the Estimated C12jigg of $4,000. 0. Find that the Appraised V Inc is Just Compensation; and uthorize the Accet)tance and Recordin2 of Autwopriate Instruments for DOE No. 4279, Project No. 00247. Motion: Council Member Burns made a motion, seconded by Mayor Pro tem Scarth, that Mayor and Council Communication No. L-14884 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 20 of 22 F.Award of Contract 1.M&C C-23902 - Authorize the Execution of a Contract with the Arts Council of Fort Worth and Tarrant County in the Amount of$1,360,x00.00 from the General Fund to Promote Artistic and Cultural Activities, Motion: Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23902 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 2.MSC C-23903 - Authorize the Execution of a Contract with the United Way of Tarrant L2HRLL_jfl_ the Amount of $345 00.00 from the General Fund to Promote Social Service Programs and Provide Coordination with Area Agencies. Motion: Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23903 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 3.MSC C-23904 - Authorize the City Manager to Execute a Contract, for an Amount Not to Exceed $163,134.00, it the Fort Worth Metr it ack Chamber of Commerce to Assist Minority and Women Business EnttEnLjaL.SMll Businesses. Motion: Council Member Moss made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. C-23904 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 4.MSC C-23905 - Authorize the City Manager to Execute a Contract, for an Amount Not to Exceed $182,710.00, it the Fort Worth Hispanic Cha ber of Commerce to Assist Min ri and Women Business Enterprise Small Businesses for the Period of October 1, 2009, through September 30, 2010. Motion: Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-23905 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. 5.MSC C-23906 - Authorize the_City L_Manager to Execute a Contract with the Lowest Responsible Bidder, Durable Specialties, Inc., i n the Amount of $469 ,000.00 for the Installation of Seven (7) Traffic Signals at the Intersections of Breezewood Drive/Trinity Boulevard, Raider Drive/Trinity Boulevard, Miller Avenue/Ramey Avenue, Berry Street/Miller Avenue Mark IV Parkway/ ester n Center Boulevard, Am erica n BoulevaLd /TrinitL Boulevard and Post Oak Boulevard /Trinitv Boulevard. Motion: Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-23906 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 21 of 22 XV.ZONING HEARING 2.It Appeare that the City Counc I at its Meejjflg_gL, ve er 3, 2 ti e i Docket No. ZC-09-121A-E - City of Fort Worth Planning I�evelol�rrient, 921 8t1► Avenue, 802, 8042 8102 900 Penns3jvania Avenue,Certain Pr St. Louis Avenue, W Terrell "NS-T4" Near Southside- General Urban, "NS- 4N" Near Southside-Gen era.l Urban_Neighborhood and PP PP Near Southside-Urban Center to Add a "DD"" Demolition Delal Overial. (Rec mme d for Approval as Amended) (Continued fro Noveber 3, 2009). _from November Motion: Council Member Burns made a motion, seconded by Council Member Zimmerman, that Zoning Docket No. ZC-09-121 A-E be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Bums made a motion, seconded by Council Member Zimmerman, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 18912-11-2009 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. XVI. CITIZEN PRESENTATIONS 1. nmoon Band Mr. Tyler Casey, 2213 Ridgmar Boulevard, was recognized by Mayor Moncrief, but was not present in the Council Chamber. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 PAGE 22 of 22 (XVI. CITIZEN PRESENTATIONS Continued) 2.Mr. Joe Don Brandon, P.O. Box 1155, The T Bus A.C. System Mr. Joe Don Brandon, P.O. Box 1155, was recognized by Mayor Moncrief, but was not present in the Council Chamber. 3.Mr. Richard Clough, P.O. Box 136863, Lake Worth, Texas 76136, Diversity Task Force Recommendations Mr. Richard Clough, P.O. Box 136863, spoke on Mayor and Council Communication No. G-16757, see page 14. 4.Mr. Scott Graham, 5579 Rocky Mountain, Diversity Taskforce Recommendations Mr. Scott Graham, 5579 Rocky Mountain, spoke on Mayor and Council Communication No. G-16757, see page 14. Mr. Rueben Mendoza, 1404 Weiler Boulevard, appeared before Council relative to unlawful surveillance and mail tampering and fraud. Mayor Moncrief requested he meet with Assistant City Manager Charles Daniels for assistance. XVIII.ADJOURNMENT Mayor Moncrief expressed appreciation to his Council Colleagues for their professional manner during the many presentations this evening. He added that it was a tough vote but reflected how Fort Worth treated people. He stated it was a privilege to serve with each one of them. There being no further business the meeting was adjourned at 12:18 a.m. in memory of the lives lost, and the soldiers and families left behind after the Fort Hood shooting tragedy. These minutes approved by the Fort Worth City Council on the 17th day of November, 2009. Attest: Approved: %.J 'Z t r Marty endrix Michael J. Moncri City Secretary Mayor