AUGUST 26, 2009 CITY COUNCIL ADDENDUM CERTIFICATION This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Addendum dated August 26, 2009. We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose. Edward Scott City Controller Date Date
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AUGUST 26, 2009 CITY COUNCIL ADDENDUMCERTIFICATION
This certification is given pursuant to Chapter XI, Section 9 of the City Charter for theCity Council Addendum dated August 26, 2009. We hereby certify, as to thosecontracts, agreements, or other obligations on this Agenda authorized by the CityCouncil for which expenditures of money by the City are required, that all of the moneyrequired for those contracts, agreements, and other obligations is in the City treasury tothe credit of the fund or funds from which the money is to be drawn, as required andpermitted by the City Charter, and that the money is not appropriated for any otherpurpose.
Edward ScottCity Controller
Date
Date
ADDENDUM CITY COUNCIL MEETING
WEDNESDAY, AUGUST 26, 2009 CITY OF DALLAS
1500 MARILLA COUNCIL CHAMBERS, CITY HALL
DALLAS, TX 75201 9:00 A.M.
REVISED ORDER OF BUSINESS
Agenda items for which individuals have registered to speak will be considered no earlier than the time indicated below:
9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE OPEN MICROPHONE CLOSED SESSION
No earlier Items 65 - 66 than 9:30 a.m. Addendum Item 13
PUBLIC HEARINGS AND RELATED ACTIONS 1:00 p.m. Items 67 - 81
Addendum Item 14
ADDENDUM
CITY COUNCIL MEETING AUGUST 26, 2009 CITY OF DALLAS
1500 MARILLA COUNCIL CHAMBERS, CITY HALL
DALLAS, TEXAS 75201 9:00 A. M.
ADDITIONS: CONSENT ADDENDUM Business Development & Procurement Services 1. Authorize the sale of self-contained breathing apparatus harnesses and masks sold at
public auction, on August 19, 2009, to Lucas Ivan Tapia - Revenue: $25,075 City Attorney's Office 2. Authorize Supplemental Agreement No. 1 to the professional services contract with the
law firm of Brown & Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds
3. Authorize Supplemental Agreement No. 4 to the professional services contract with the
law firm of Adorno Yoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B - Not to exceed $88,000, from $318,000 to $406,000 - Financing: Current Funds
4. A resolution amending Section 4 of the City Council Rules of Procedure to revise rules
relating to city council attendance - Financing: No cost consideration to the City (via Mayor Leppert)
Department of Development Services 5. Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Michael L.
Minzer, et al, Cause No. CC-08-10877-B, pending in the County Court at Law No. 2, for acquisition from Michael L. Minzer and Richard Plumb of approximately 4,015 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $342,275 - Financing: 2006 Bond Funds
6. Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Rosemary
Dearing, et al, Cause No. CC-08-10878-C, pending in the County Court at Law No. 3, for acquisition from Rosemary Dearing, James Earl Shoemaker, Roger Tom Shoemaker, and the Browning Family Trust (Joe Jack Browning and Lila Jean Browning, Trustees) of approximately 4,109 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $400,000 - Financing: 2006 Bond Funds
2
ADDENDUM CITY COUNCIL MEETING
AUGUST 26, 2009
ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Department of Development Services (Continued) 7. Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Dallas
Main L.P., et al, Cause No. CC-08-10879-D, pending in the County Court at Law No. 4, for acquisition from Dallas Main, L.P. of two tracts of land containing a total of approximately 55,540 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $5,276,304 - Financing: 2006 Bond Funds
8. A resolution authorizing the dedication of two easements containing a total of
approximately 55,195 square feet of City-owned land for the purpose of retention and drainage of stormwater and establishing special conditions controlling the construction, use and maintenance of the retention and drainage area facilities for Gramercy on the Park development located near State Highway 190 also known as President George Bush Turnpike - Financing: No cost consideration to the City
9. An ordinance abandoning portions of Worth and Walton (formerly Oak) Streets near the
intersection of Worth and Hall Streets to Dallas Area Rapid Transit, the abutting owner, containing approximately 9,045 square feet of land, and authorizing the quitclaim - Revenue: $199,750 plus the $20 ordinance publication fee
Park & Recreation 10. Authorize a construction contract for interior renovations and additions to the existing
Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue - Phoenix I Restoration and Construction, Ltd., best value proposer of five - $7,901,000 - Financing: 2003 Bond Funds ($371,935) and 2006 Bond Funds ($7,529,065)
11. Authorize a service contract with Ford Audio-Video Systems, Inc., through the Texas
Multiple Award Schedule for the purchase and installation of the audio, video and control system to Juanita J. Craft Recreation Center located at 4500 Spring Avenue - Not to exceed $169,578 - Financing: 2006 Bond Funds
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ADDENDUM CITY COUNCIL MEETING
AUGUST 26, 2009
ADDITIONS: (Continued) CONSENT ADDENDUM (Continued) Public Works & Transportation 12. Authorize (1) rescinding the contract with Bauhaus Interiors Group, previously approved
on May 27, 2009, by Resolution No. 09-1370, for interior furnishings for the Lochwood Branch Library located at 11221 Lochwood Boulevard; and (2) an increase in the contract with J.C. Commercial, Inc. for interior furnishings and additional work requested to revise the building entry approach and provide a transition between the existing building and the new construction of the Lochwood Branch Library - Not to exceed $187,235, from $4,075,556 to $4,262,791 - Financing: 2003 Bond Funds
ITEMS FOR INDIVIDUAL CONSIDERATION Park & Recreation 13. Authorize (1) a contract with CORE Construction Services of Texas, Inc., best value
proposer of four, in the amount of $3,260,000, for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue; (2) assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector Health Initiative and Baylor Health Care System to manage; (3) the receipt and deposit of funds in the amount of $1,625,000 from Southern Sector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center; and (4) an increase in appropriations in the Juanita J. Craft Wellness Fund in the amount of $1,625,000 - Not to exceed $3,260,000 - Financing: 2006 Bond Funds ($1,635,000) and Juanita J. Craft Wellness Funds ($1,625,000)
PUBLIC HEARINGS AND RELATED ACTIONS Department of Development Services ZONING CASES - CONSENT 14. A public hearing to receive comments regarding an application for and an ordinance
granting a Planned Development District for Retirement housing, Single family, and certain nonresidential uses on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District on property at the northwest corner of Compton Street and Fran Way
Recommendation of Staff and CPC: Approval, subject to a Tract I and Tract II development plan/Tract III conceptual plan and conditions
Z089-160(RB)
4
ADDENDUM CITY COUNCIL MEETING
AUGUST 26, 2009 DELETION: Public Works & Transportation 56. Authorize (1) a contract for the reconstruction of Taxiway "C"; Taxiway D1; Taxiway "C"
Connectors with runway 13R/31L and reconstruction and extension of Taxiway "L" at Dallas Love Field, with Texas Sterling Construction Company, lowest responsible bidder of six, in an amount not to exceed $13,858,047; and (2) an increase in appropriations in the amount of $15,520,654 in the Federal Aviation Administration Airport Improvement Program Grant Fund - Not to exceed $13,858,047 - Financing: Aviation Passenger Facility Charge Funds ($3,464,512) and Federal Aviation Administration Airport Improvement Program Grant Funds ($10,393,535)
ADDENDUM DATEITEM IND
# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION
1 All CPBD, FIR REV $25,075 NA NA
Authorize the sale of self-contained breathing apparatus harnesses and masks sold at public auction, onAugust 19, 2009, to Lucas Ivan Tapia
2 N/A C ATT $75,000.00 100.00% 0.00%
Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown &Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L.Nevitt, et al., Civil Action No. 3:09-CV-0066-N
3 N/A C ATT $88,000.00 100.00% 0.00%
Authorize Supplemental Agreement No. 4 to the professional services contract with the law firm of AdornoYoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v.Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B
4 All C ATT NC NA NAA resolution amending Section 4 of the City Council Rules of Procedure to revise rules relating to citycouncil attendance (via Mayor Leppert)
5 14 C DDS $342,275.00 NA NA
Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Michael L. Minzer, et al, Cause No. CC-08-10877-B, pending in the County Court at Law No. 2, for acquisition from Michael L. Minzer andRichard Plumb of approximately 4,015 square feet of land located near the intersection of Commerce andGriffin Streets for the Belo Gardens Park Project
6 14 CDDS, PKR $400,000.00 NA NA
Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Rosemary Dearing, et al,Cause No. CC-08-10878-C, pending in the County Court at Law No. 3, for acquisition from RosemaryDearing, James Earl Shoemaker, Roger Tom Shoemaker, and the Browning Family Trust (Joe JackBrowning and Lila Jean Browning, Trustees) of approximately 4,109 square feet of land located near theintersection of Commerce and Griffin Streets for the Belo Gardens Park Project
7 14 C DDS $5,276,304.00 NA NA
Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Dallas Main L.P., et al, CauseNo. CC-08-10879-D, pending in the County Court at Law No. 4, for acquisition from Dallas Main, L.P., oftwo tracts of land containing a total of approximately 55,540 square feet of land located near theintersection of Commerce and Griffin Streets for the Belo Gardens Park Project
8 12 CDDS, WTR NC NA NA
A resolution authorizing the dedication of two easements containing a total of approximately 55,195 squarefeet of City-owned land for the purpose of retention and drainage of stormwater and establishing specialconditions controlling the construction, use and maintenance of the retention and drainage area facilities forGramercy on the Park development located near State Highway 190 also known as President George BushTurnpike
9 2 C DDS REV $199,750 NA NA
An ordinance abandoning portions of Worth and Walton (formerly Oak) Streets near the intersection ofWorth and Hall Streets to Dallas Area Rapid Transit, the abutting owner, containing approximately 9,045square feet of land and authorizing the quitclaim
10 7 C PKR $7,901,000.00 85.72% 29.97%
Authorize a construction contract for interior renovations and additions to the existing Aquarium, includingreplacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a newaddition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue
11 7 C PKR $169,578.41 NA NA
Authorize a service contract with Ford Audio-Video Systems, Inc., through the Texas Multiple AwardSchedule for the purchase and installation of the audio, video and control system to Juanita J. CraftRecreation Center located at 4500 Spring Avenue
12 9 CPWT, LIB $187,235.00 47.12% 23.36%
Authorize rescinding the contract with Bauhaus Interiors Group, previously approved on May 27, 2009, byResolution No. 09-1370, for interior furnishings for the Lochwood Branch Library located at 11221Lochwood Boulevard; and an increase in the contract with J.C. Commercial, Inc. for interior furnishings andadditional work requested to revise the building entry approach and provide a transition between theexisting building and the new construction of the Lochwood Branch Library
13 7 I PKR $1,635,000.00 50.47% 26.32%
Authorize a contract with CORE Construction Services of Texas, Inc., best value proposer of four, for therenovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue;assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector HealthInitiative and Baylor Health Care System to manage; and the receipt and deposit of funds from SouthernSector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center
August 26, 2009
Page 1
ADDENDUM DATEITEM IND
# OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION
August 26, 2009
14 4 PH DDS NC NA NA
A public hearing to receive comments regarding an application for and an ordinance granting a PlannedDevelopment District for Retirement housing, Single family, and certain nonresidential uses on propertyzoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District on property at the northwest corner ofCompton Street and Fran Way
TOTAL $16,074,392.41
Page 2
ADDENDUM ITEM # 1KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
AGENDA DATE: August 26, 2009
COUNCIL DISTRICT(S): All
DEPARTMENT: Business Development & Procurement ServicesFire
Authorize the sale of self-contained breathing apparatus harnesses and masks sold at public auction, on August 19, 2009, to Lucas Ivan Tapia - Revenue: $25,075
BACKGROUND
On May 14, 2008 a master agreement was established to purchase self-contained breathing apparatus meeting National Fire Protection Association (NFPA) - 1981 standard on open-circuit self-contained breathing apparatus 2007 Edition. This standard establishes, in part, minimum requirements for the design, performance, testing, and certification of new compressed breathing air open-circuit self-contained breathing apparatus (SCBA).
Dallas Fire-Rescue currently has approximately 667 SCBAs in service; the following equipment has been removed from circulation because it does not meet the NFPA standards:
This equipment provides firefighters the ability to operate in smoke or chemically contaminated environments. The auctioned equipment is 10 to 15 years old and has been replaced by new and upgraded equipment with locaters which comply with NFPA standards for respective equipment. This type of equipment is vital to the protection of the firefighters when required to enter facilities for the purpose of extinguishing fires and conducting rescue operations.
The selected equipment has gone through an auction process and staff recommends award to the highest responsive and responsible bidder.
Agenda Date 08/26/2009 - page 2
BACKGROUND (Continued)
This action is being submitted according to Dallas City Code 2-37.4, which requires that when the highest bid for property is more than $20,000.00, the sale to the highest bidder must be confirmed by the City Council.
The following bid was received by on-line auction on August 19, 2009:
*Denotes successful bidder
Bidders Address Amount of Bid
*Lucas Ivan Tapia 422 South Main $25,075.00Mapleton, Utah 84664
OWNERS
Lucas Ivan Tapia, Individual
COUNCIL CHAMBER
August 26, 2009
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager or designee be and is hereby authorized to dispose of self-contained breathing apparatus harnesses and masks sold at public auction, on August 19, 2009, to Lucas Ivan Tapia, revenue in the amount of $25,075.00.
Section 2. That the City Controller be and is hereby authorized to deposit revenues received from the proceeds of the sale to:
Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
DISTRIBUTION:
Business Development & Procurement Services, 3FNDallas Fire-Rescue
ADDENDUM ITEM # 2KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds
BACKGROUND
On March 2, 2009, pursuant to Administrative Action No. 09-0680, the City entered into a professional services contract with the law firm of Brown & Hofmeister, L.L.P. in an amount not to exceed $25,000 for legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N.
Council is scheduled to be briefed in Closed Session on August 19, 2009.
FISCAL INFORMATION
$75,000 – Current Funds
M/WBE INFORMATION
The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Resolution No. 08-2826, as amended.
Agenda Date 08/26/2009 - page 2
ETHNIC COMPOSITION
Brown & Hofmeister, L.L.P.
White Male 13 White Female 10African-American Male 0 African-American Female 1Hispanic Male 1 Hispanic Female 1Other Male 0 Other Female 0
OWNER
Brown & Hofmeister, L.L.P.
Edwin P. Voss, Jr., Partner
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P. for additional legal services necessary in the lawsuit styled Thomas Hannon v. David L. Nevitt, et al., Civil Action No. 3:09-CV-0066-N - Not to exceed $75,000, from $25,000 to $100,000 - Financing: Current Funds
Brown & Hofmeister, L.L.P. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.
PROJECT CATEGORY: Professional Services_______________________________________________________________
LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY
Amount Percent
Local contracts $75,000.00 100.00%Non-local contracts $0.00 0.00%
WHEREAS, on March 2, 2009, pursuant to Administrative Action No. 09-0680, the City entered into a professional services contract with the law firm of Brown & Hofmeister, L.L.P., to provide legal advice and legal services in the lawsuit styled Thomas Hannon v. David Nevitt, et al., Civil Action No. 3:09-CV-0066-N, in an amount not to exceed $25,000; and
WHEREAS, the legal services of Brown & Hofmeister, L.L.P., continue to be necessary in this lawsuit; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That, following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 1 to the professional services contract with the law firm of Brown & Hofmeister, L.L.P., for additional legal services necessary in the lawsuit styled Thomas Hannon v. David Nevitt, et al., Civil Action No. 3:09-CV-0066-N, in an amount not to exceed $75,000, increasing the original contract, from $25,000 to $100,000.
SECTION 2. That the City Controller is authorized to disburse additional periodic payments in an amount not to exceed $75,000 to Brown & Hofmeister, L.L.P., in accordance with the terms of the contract and Supplemental Agreement No. 1, from Fund 0192, Department ORM, Unit 3890, Obj. 3070, Encumbrance No. ATT389009J054, Vendor No. 339582.
SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
ADDENDUM ITEM # 3KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
Authorize Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B - Not to exceed $88,000, from $318,000 to $406,000 - Financing: Current Funds
BACKGROUND
On March 11, 2008, pursuant to Administrative Action No. 08-0803, the City entered into a professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $25,000 for legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B.
On June 25, 2008, by Resolution No. 08-1772, the City Council authorized Supplemental Agreement No. 1 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $60,000, increasing the original contract amount from $25,000 to $85,000.
On December 10, 2008, by Resolution No. 08-3309, the City Council authorized Supplemental Agreement No. 2 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $130,000, increasing the original contract, as supplemented, from $85,000 to $215,000.
On April 8, 2009, by Resolution No. 09-0955, the City Council authorized Supplemental Agreement No. 3 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP in an amount not to exceed $103,000, increasing the original contract, as supplemented, from $215,000 to $318,000.
Council is scheduled to be briefed in Closed Session on August 19, 2009.
Agenda Date 08/26/2009 - page 2
FISCAL INFORMATION
Funding for this item is budgeted in the current fiscal year.
$88,000 - Current Funds
M/WBE INFORMATION
The recommended awardee has fulfilled the good faith requirements set forth in the Business Inclusion and Development (BID) Plan adopted by Council Resolution No. 08-2826, as amended.
ETHNIC COMPOSITION
Adorno Yoss White & Wiggins, LLP
White Male 3 White Female 3African-American Male 5 African-American Female 7Hispanic Male 0 Hispanic Female 1Other Male 0 Other Female 0
OWNER
Adorno Yoss White & Wiggins, LLP
Kevin B. Wiggins, Partner
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B - Not to exceed $88,000, from $318,000 to $406,000 - Financing: Current Funds
Adorno Yoss White & Wiggins, LLP is a local, minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use their own workforce.
PROJECT CATEGORY: Professional Services_______________________________________________________________
LOCAL/NON-LOCAL CONTRACT SUMMARY - THIS ACTION ONLY
Amount Percent
Local contracts $88,000.00 100.00%Non-local contracts $0.00 0.00%
WHEREAS, the City of Dallas is involved in a lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B; and
WHEREAS, on March 11, 2008, pursuant to Administrative Action No. 08-0803, the City entered into a professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, in the amount of $25,000, for legal services necessary to represent the City in this lawsuit and related matters; and
WHEREAS, on June 25, 2008, pursuant to Resolution No. 08-1772, the City entered into Supplemental Agreement No. 1 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in this lawsuit in an amount not to exceed $60,000, increasing the original contract amount from $25,000 to $85,000; and
WHEREAS, on December 10, 2008, pursuant to Resolution No. 08-3309, the City entered into Supplemental Agreement No. 2 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in this lawsuit in an amount not to exceed $130,000, increasing the original contract amount, as supplemented, from $85,000 to $215,000.
WHEREAS, on April 8, 2009, pursuant to Resolution No. 09-0955, the City entered into Supplemental Agreement No. 3 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in this lawsuit in an amount not to exceed $103,000, increasing the original contract amount, as supplemented, from $215,000 to $318,000.
WHEREAS, the services of the law firm of Adorno Yoss White & Wiggins, LLP, continue to be necessary for representation of the City in this lawsuit; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That, following approval as to form by the City Attorney, the City Manager is hereby authorized to enter into Supplemental Agreement No. 4 to the professional services contract with the law firm of Adorno Yoss White & Wiggins, LLP, for additional legal services necessary in the lawsuit styled Carson Dunlap v. Rodney Hood, et al., Civil Action No. 3:07-CV-2147-B, and any other matters related to this lawsuit, in an amount not to exceed $88,000, increasing the original contract amount, as supplemented, from $318,000 to $406,000.
SECTION 2. That the City Controller is authorized to disburse, in periodic payments to the law firm of Adorno Yoss White & Wiggins, LLP, in an amount not to exceed $88,000 from Fund 0192, Department ORM, Unit 3890, Obj. 3070, Encumbrance No. ATT389009J055, Vendor No. 344317.
COUNCIL CHAMBER
August 26, 2009
SECTION 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
ADDENDUM ITEM # 4KEY FOCUS AREA: Make Government More Efficient, Effective and Economical
A resolution amending Section 4 of the City Council Rules of Procedure to revise rules relating to city council attendance - Financing: No cost consideration to the City (via Mayor Leppert)
BACKGROUND
The proposed resolution would add Subsection 4.12 to the City Council Rules of Procedure to require council members to be present during at least 50% of a council meeting or council committee meeting to receive compensation under the charter.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That Section 4, “Duties and Privileges of Members,” of the City Council Rules of Procedure, as amended, is amended by adding Subsection 4.12, “Absence from More than 50 Percent of a Meeting,” to read as follows:
“4.12. Absence from More than 50 Percent of a Meeting.
(a) If a city council member is absent from more than 50 percent of a regular city council meeting, or more than 50 percent of a regular meeting of a city council committee to which he or she is assigned, and he or she is not on official city business at the direction of the city council as approved under Subsection 4.11 of these Rules, the member will be deemed to be absent from the meeting, and the absence will be counted against the member for purposes of determining the member’s annual compensation under Chapter III, Section 4 of the Dallas City Charter. (b) The city secretary, or a person designated by the city secretary or the city manager to record attendance of city council members at a meeting, shall maintain a record of each city council member’s absences so that such absences can be used in determining the member’s annual compensation under Chapter III, Section 4 of the Dallas City Charter.”
Section 2. That the City Council Rules of Procedure, as amended, will remain in full force and effect, save and except as amended by this resolution.
Section 3. That this resolution will take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney
Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Michael L. Minzer, et al, Cause No. CC-08-10877-B, pending in the County Court at Law No. 2, for acquisition from Michael L. Minzer and Richard Plumb of approximately 4,015 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $342,275 - Financing: 2006 Bond Funds
BACKGROUND
This item authorizes deposit of a Special Commissioners’ Award for the acquisition of approximately 4,015 square feet of land. The property is improved with surface parking. The original offer of $276,000 was based on an independent appraisal. The offer was not accepted by the owners and an eminent domain case was filed to acquire the land. The Special Commissioners awarded $342,275.
The City has no control over Special Commissioners appointed by county court at law judges or any award that is subsequently rendered by Special Commissioners. The City, in order to acquire possession and proceed with its improvements, must deposit the Commissioners’ Award in the Registry of the Court.
Authorized acquisition on October 8, 2008 by Resolution No. 08-2752.
FISCAL INFORMATION
2006 Bond Funds - $342,275
OWNERS
Michael L. Minzer
Richard Plumb
Agenda Date 08/26/2009 - page 2
MAPS
Attached
v(----=======::;:;;;;I
J
~ Site to be acquired
COUNCIL CHAMBER
August 26, 2009
A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS’ AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD.
IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY:
CONDEMNATION SUIT: Cause No. CC-08-10877-B, in County Court at Law No. 2, and styled City of Dallas v. Michael L. Minzer, et al, filed pursuant to City Council Resolution No. 08-2752.
PROPERTY: Approximately 4,015 square feet of land situated in City Block 62-1/2 in the City of Dallas, Dallas County, Texas, as described in said condemnation suit.
PROJECT: Belo Garden Park project
OFFICIAL OFFER: $276,000.00
AWARD: $342,275.00
DESIGNATED FUNDS: $342,275 from Park and Recreation Facilities Improvement Funds: Fund No. 8T00, Department PKR, Unit T025, Activity DWTN Program No. PKBELO Object 4210, Encumbrance No. PKR08019000
WHEREAS, the OFFICIAL OFFER having been made and refused, the City Attorney instituted a CONDEMNATION SUIT for the acquisition of the PROPERTY for the Project; and
WHEREAS, the Special Commissioners in Condemnation appointed by the Court in the CONDEMNATION SUIT made an AWARD which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the PROPERTY; and
WHEREAS, the City Council desires to authorize the City Attorney to settle the CONDEMNATION SUIT for an amount not to exceed the Special Commissioners’ AWARD; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the AWARD payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with said County Clerk.
COUNCIL CHAMBER
August 26. 2009
SECTION 2. That the City Attorney is authorized to settle said Condemnation Suit foran amount not to exceed the Special Commissioners' AWARD.
SECTION 3. That this Resolution shall take effect immediately from and after itspassage in accordance with, the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.
APPROVED AS TO FORMThomas P. P rkins Jr.City Attorn
Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Rosemary Dearing, et al, Cause No. CC-08-10878-C, pending in the County Court at Law No. 3, for acquisition from Rosemary Dearing, James Earl Shoemaker, Roger Tom Shoemaker, and the Browning Family Trust (Joe Jack Browning and Lila Jean Browning, Trustees) of approximately 4,109 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $400,000 - Financing: 2006 Bond Funds
BACKGROUND
This item authorizes deposit of a Special Commissioners’ Award for the acquisition of approximately 4,109 square feet of land. The property is improved with surface parking. The original offer of $282,000 was based on an independent appraisal. The offer was not accepted by the owners and an eminent domain case was filed to acquire the land. The Special Commissioners awarded $400,000.
The City has no control over Special Commissioners appointed by county court at law judges or any award that is subsequently rendered by Special Commissioners. The City, in order to acquire possession and proceed with its improvements, must deposit the Commissioners’ Award in the Registry of the Court.
Authorized acquisition on October 8, 2008, by Resolution No. 08-2752.
FISCAL INFORMATION
2006 Bond Funds - $400,000
Agenda Date 08/26/2009 - page 2
OWNERS
Rosemary DearingJames Earl ShoemakerRoger Tom ShoemakerBrowning Family TrustJoe Jack Browning, TrusteeLila Jean Browning, Trustee
MAPS
Attached
MAPSC045PoopyrighlO 20m MAPlICO, In<,
*N
J
~ Tract (4,109 Sq Ft)
COUNCIL CHAMBER
August 26, 2009
A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS’ AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD.
IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY:
CONDEMNATION SUIT: Cause No. CC-08-10878-C, in County Court at Law No. 3, and styled City of Dallas v. Rosemary Dearing, et al, filed pursuant to City Council Resolution No. 08-2752.
PROPERTY: Approximately 4,109 square feet of land situated in City Block 62-1/2 in the City of Dallas, Dallas County, Texas, as described in said condemnation suit.
PROJECT: Belo Gardens Park project
OFFICIAL OFFER: $282,000.00
AWARD: $400,000.00
DESIGNATED FUNDS: $400,000 from Park and Recreation Facilities Improvement Funds: Fund No. 8T00, Department PKR, Unit T025, Activity DWTN Program No. PKBELO Object 4210, Encumbrance No. PKR08019000
WHEREAS, the OFFICIAL OFFER having been made and refused, the City Attorney instituted a CONDEMNATION SUIT for the acquisition of the PROPERTY for the Project; and
WHEREAS, the Special Commissioners in Condemnation appointed by the Court in the CONDEMNATION SUIT made an AWARD which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the PROPERTY; and
WHEREAS, the City Council desires to authorize the City Attorney to settle the CONDEMNATION SUIT for an amount not to exceed the Special Commissioners’ AWARD; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the AWARD payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with said County Clerk.
COUNCIL CHAMBER
August 26, 2009
SECTION 2, That the City Attorney is authorized to settle said CONDEMNATION SUITfor an amount not to exceed the Special Commissioners' AWARD,
SECTION 3. That this Resolution shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved, '
APPROVED AS TO FORMThomas P. Perkins Jr.City Attorne
Authorize the deposit of a Special Commissioners’ Award in City of Dallas v. Dallas Main L.P., et al, Cause No. CC-08-10879-D, pending in the County Court at Law No. 4, for acquisition from Dallas Main, L.P. of two tracts of land containing a total of approximately 55,540 square feet of land located near the intersection of Commerce and Griffin Streets for the Belo Gardens Park Project - $5,276,304 - Financing: 2006 Bond Funds
BACKGROUND
This item authorizes deposit of a Special Commissioners’ Award for the acquisition of two tracts of land containing a total of approximately 55,540 square feet. The tracts are improved with surface parking. The original offer of $3,705,000 was based on independent appraisals. The offer was not accepted by the owner and an eminent domain case was filed to acquire the land. The Special Commissioners awarded $5,276,304.
The City has no control over Special Commissioners appointed by county court at law judges or any award that is subsequently rendered by Special Commissioners. The City, in order to acquire possession and proceed with its improvements, must deposit the Commissioners’ Award in the Registry of the Court.
Authorized acquisition on October 8, 2008, by Resolution No. 08-2752.
FISCAL INFORMATION
2006 Bond Funds - $5,276,304
Agenda Date 08/26/2009 - page 2
OWNER
Dallas Main, L.P.
Main Center, Inc., General PartnerShephert D. Johnston, President
MAPS
Attached
MAPSC045P 0.13 Ml 0.25 Ml
i iSCale1.' 168
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~ Tract (1.002 acre)
J
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COUNCIL CHAMBER
August 26, 2009
A RESOLUTION AUTHORIZING THE DEPOSIT OF A SPECIAL COMMISSIONERS’ AWARD AND SETTLEMENT OF THE CONDEMNATION SUIT FOR THE AWARD.
IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY:
CONDEMNATION SUIT: Cause No. CC-08-10879-D, in County Court at Law No. 4, and styled City of Dallas v Dallas Main L.P., et al, filed pursuant to City Council Resolution No. 08-2752.
PROPERTY: Approximately 55,540 square feet of land situated in City Blocks 62 and 62 1/2 in the City of Dallas, Dallas County, Texas, as described in said condemnation suit.
PROJECT: Belo Gardens Park project
OFFICIAL OFFER: $3,705,000.00
AWARD: $5,276,304.00
DESIGNATED FUNDS: $5,276,304 from Park and Recreation Facilities Improvement Funds: $4,035,088.20 - Fund No. 7T00, Department PKR, Unit T025, Activity DWTN Program No. PKBELO Object 4210, Encumbrance No. PKR08019000; $1,241,215.80 - Fund No. 8T00, Department PKR, Unit T025, Activity DWTN, Program No. PKBELO Object 4210, Encumbrance No. PKR08019000
WHEREAS, the OFFICIAL OFFER having been made and refused, the City Attorney instituted a CONDEMNATION SUIT for the acquisition of the PROPERTY for the Project; and
WHEREAS, the Special Commissioners in Condemnation appointed by the Court in the CONDEMNATION SUIT made an AWARD which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the PROPERTY; and
WHEREAS, the City Council desires to authorize the City Attorney to settle the CONDEMNATION SUIT for an amount not to exceed the Special Commissioners’ AWARD; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the AWARD payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with said County Clerk.
COUNCIL CHAMBER
August 26, 2009
SECTION 2. That the City Attorney is authorized to settle said CONDEMNATION SUITfor an amount not to exceed the Special Commissioners' AWARD,
SECTION 3. That this Resolution shall take effect immediately from and after itspassage in accordance wit~ the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.
APPROVED AS TO FORM:THOMAS P. PERKINS, Jr.City Attorn
A resolution authorizing the dedication of two easements containing a total of approximately 55,195 square feet of City-owned land for the purpose of retention and drainage of stormwater and establishing special conditions controlling the construction, use and maintenance of the retention and drainage area facilities for Gramercy on the Park development located near State Highway 190 also known as President George Bush Turnpike – Financing: No cost consideration to the City
BACKGROUND
This item authorizes the dedication of a retention easement and a drainage easement across City-owned land for use by Gramercy on the Park development containing a total of approximately 55,195 square feet. The purpose of the dedication is for retention and drainage of storm water and establishing special conditions controlling the construction, use and maintenance of the drainage area facilities, located near State Highway 190.
WHEREAS, the City of Dallas owns certain tracts and/or parcels of land totalingapproximately 12,2931 acres in Collin County, Texas, having been conveyed to the Cityof Dallas by those three certain instruments recorded at Volume 4924, Page 2752;Volume 2073, Page 821; and Volume 1854, Page 563, Official Real Property Recordsof Collin County, Texas and
WHEREAS, the City of Dallas desires to dedicate to the public from the city-owned landdescribed above, a retention easement containing approximately 45,880 square feet ofland, and a drainage easement containing approximately 9,315 square feet of land,being more fully described in Exhibit "A", attached hereto and incorporated herein for allpurposes (the Easements); and
WHEREAS, the City of Dallas deems it to be necessary, convenient and appropriateand in the public's interest to dedicate the Easements; Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager or her designee is authorized to executeappropriate instruments, approved as to form by the City Attorney, dedicating to thepublic a retention easement and a drainage easement as to and encumbering the landdescribed in Exhibit "A",
SECTION 2. That the Easements shall be held; utilized; and, when and if appropriate,closed, vacated and/or abandoned as determined by the City of Dallas to be in thepublic interest, and subject to state law, Dallas City Charter and Dallas City Code, aswould any dedicated public easement.
SECTION 3. That this resolution shall take effect immediately from and after itspassage in accordance with the provisions of the Charter of the City of Dallas, and it isaccordingly so resolved.
APPROVED AS TO FORM:THOMAS P. PERKINS, JR., City Attorney
EXHIBIT A #071i4
RETENTION EASEMENTSTATE IDGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE
BLOCK D/8761
A 45,880 square feet or 1.0532 acres tract or parcel ofland situated in the W.C. LewisSurvey, Abstract No. 534, in Block D/8761 in the City of Dallas, Collin County, Texas, beingpart of the called 5.2931 acres tract described in the Warranty Deed to City ofDallas recordedin Volume 2073 Page 821 in the CCDR, and being part of the called 5.000 acres tractdescribed in the Warranty Deed to City of Dallas recorded in Volume 1854 Page 563 in theCCDR, and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod with orange plastic cap stamped "C&P Engr" onthe south right-of-way line of State Highway 190 also known as President George BushTurnpike, at the northeast comer of the called 7.774 acres tract described in the CorrectionSpecial Warranty Deed to Billingsley Gramercy Land, LLC. recorded in Document No. 200800493910 in the CCDR, said iron rod also being the northwest comer of the called 2.000acres tract described in the Special Warranty Deed to City ofDallas recorded in Volume 4924Page 2752 in the CCDR, said iron rod bears South 89°50'02" West 194.43 feet from thenorthwest comer of said City of Dallas 5.2931 acres tract;
THENCE South 00°23'48" East, 15.00 feet along the east side ofsaid Billingsley GramercyLand LLC. tract and the west side of said City of Dallas 2.000 acres tract to a set 112 inch ironrod with orange plastic cap stamped "C&P Engr";
THENCE North 89°50'02" East, 447.23 feet along a line 15 feet south ofand parallel to thesouth line ofState Highway 190, to a set 1/2 inch iron rod with orange plastic cap stamped"C&P Engr";
THENCE Southeasterly an arc distance of 132.31 feet along a tangent curve to the right witha radius of 192.50 feet, a central angle of 39°22'51", and the chord bears South 70°28'33" East129.72 feet, to a set 1/2 inch iron rod with orange plastic cap stamped "C&P Engr";
THENCE South 00°00'00" West, 14.02 feet to a set 1/2 inch iron rod with orange plastic capstamped "C&P Engr" for the POINT OF BEGINNING;
THENCE North 89°54'29" East, 197.91 feet to a set 1/2 inch iron rod with orange plastic capstamped "C&P Engr";
THENCE South 15°55'14" East, 77.87 feet to a set 1/2 inch iron rod with orange plastic capstamped "C&P Engr";
THENCE South 08°40'54" West, 147.21 feet to a set 1/2 inch iron rod with orange plastic capstamped "C&P Engr";
January 27, 2009ESMT-RETENTION.doc
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EXHIBIT A #07i14
RETENTION EASEMENTSTATE IDGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE
BLOCK D/8761
_THENCENQl1:1L2!:>'~o.O~OO~'West,197.05 feet.to a set 1/2 inch-iron-rod with orange plastic cap-- -_ ..._.. -stamped "C&P Engr";
THENCE North 00°00'0011 East, 220.09 feet to the POINT OF BEGINNING andCONTAINING 45,880 square feet or 1.0532 acres of land, more or less.
BASIS OF BEARING is the south right-of-way line ofState Highway 190(North 89°50'02" East) as described in the warranty deed to Crow-Billingsley Midway SouthA, Ltd. et a/ recorded in Document No. 2003-0034322 in Volume 5363 Page 4247 in theCeDRo
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EXHIBIT A #07114
15' DRAINAGE EASEMENTSTATE IDGHWAY 190 aka PRESIDENT GEORGE BUSH TURNPIKE
BLOCK D/8761
A 9,315 square feerot 0:2138 acres tracforpafcel'oftafid situated inthe w.e LeWisSUiVey,'Abstract No.534, in Block D/8761 in the City of Dallas, Collin County, Texas, being part of the called 2.000 acres tractdescribed in the Special Warranty Deed to City of Dallas recorded in Volume 4924 Page 2752 in the CollinCounty Deed Records (CCDR), and being part of the called 5.2931 acres tract described in the WarrantyDeed to City of Dallas recorded in Volume 2073 Page 821 in the CCDR, and being more particularlydescribed as follows:
BEGINNING at a found 1/2 inch iron rod with orange plastic cap stamped "C&P Engr" on the south rightof-way line of State Highway 190 also known as President George BushTurnpike, at the northeast corner ofthe called 7.774 acres tract described in the Correction Special Warranty Deed to Billingsley Gramercy Land,LLC. recorded in Document No. 2008-00493910 in the CCDR, said iron rod also being the northwest cornerofsaid City of Dallas 2.000 acres tract;
THENCE North 89°50'02" East along the south line of State Highway 190 at 194.43 feet passing thenortheast corner of said City ofDaJlas 2.000 acres tract and the northwest corner of said City ofDaJlas5.2931 acres tract, and continuing for a TOTAL DISTANCE of 447.29 feet to a set 112 inch iron rod withorange plastic cap stamped "C&P Engr";
THENCE SoutheasterJy an arc distance of 179.31 feet along a tangent curve to the right with a radius of207.50 feet. a central angle of49°30'41", and the chord bears South 65°24'38" East 173.78 feet. to a set 1/2inch iron rod with orange plastic cap stamped "C&P Engr";
THENCE South 89°54'29" West, 35.72 feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&PEngr";
THENCE North 00°00'00" East, 14.02 feet to a set 1/2 inch iron rod with orange plastic cap stamped "C&PEngr";
THENCE Northwesterly an arc distance of 132.3 I feet along a non-tangent curve to the left with a radius of192.50 feet. a central angle of39°22'51 ", and the chord bears North 70°28'33" West] 29.72 feet, to a set 112inch iron rod with orange plastic cap stamped "C&P Engr";
THENCE South 89°50'02" West, 447.23 feet (tangent to previous curve) along a line 15 feet south of andparallel to the south line of State Highway 190 to a set 1/2 inch iron rod with orange plastic cap stamped"C&P Engr";
THENCE North 00°23'48" West, 15.00 feet along the east side of said Billingsley Gramercy Land, LLC tractto the POINT OF BEGINNfNG and CONTAINING 9,315 square feet or 0.2138 acres of land, more or less.
January 27, 2009f=C::IIJ1T C'TDflA !"'IDA /11/ -4 __
An ordinance abandoning portions of Worth and Walton (formerly Oak) Streets near the intersection of Worth and Hall Streets to Dallas Area Rapid Transit, the abutting owner, containing approximately 9,045 square feet of land, and authorizing the quitclaim – Revenue: $199,750 plus the $20 ordinance publication fee
BACKGROUND
This item authorizes the abandonment of portions of Worth and Walton Streets to Dallas Area Rapid Transit, the abutting owner. The area will be included with the property of the abutting owner for the Baylor Light Rail Station. The abandonment fee is based on an independent appraisal.
Notices were sent to 7 property owners located within 300 feet of the proposed abandonment area. There were no responses received in opposition to this request.
This transaction is consistent with the recommendations of the Real Estate Task Force.
Authorize a construction contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue - Phoenix I Restoration and Construction, Ltd., best value proposer of five - $7,901,000 - Financing: 2003 Bond Funds ($371,935) and 2006 Bond Funds ($7,529,065)
BACKGROUND
The Aquarium at Fair Park closed in January 2009 in preparation for the renovation and the current year operating budget was reduced from the FY 2008-09 budget. When the Aquarium reopens in the Summer of 2010 as a "Childrens Aquarium" it will be an integral component of Summer Place Park at Fair Park, the amusement zone operated by the State Fair of Texas. It is anticipated that the Aquarium will operate at full cost recovery when it reopens in FY 2009-10. The Park and Recreation Department will retain the revenues and will bear the cost of operating the facility.
This action will award a contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park to Phoenix I Restoration and Construction, Ltd., best value proposer of five, in an amount not to exceed $7,901,000.
On February 5, 2009, five proposals were received and it was determined that Phoenix I Restoration and Construction, Ltd., was the best value proposer. Proposals based on RFCSP are evaluated on pre-set criteria which includes cost, qualifications of the prime contractor, construction amount, and schedule ratings, which are based on mathematical formulas, with the best price and best schedule being given the highest scores. Ratings "1" to "10" are given for each criteria with "10" being the best rating. These ratings are multiplied by the weighting to obtain the score for each criteria.
Agenda Date 08/26/2009 - page 2
BACKGROUND (Continued)
The following is a list of the rating criteria and values for each criteria:
Rating Criteria Value
1. Proposed Construction Contract Award 45%2. Qualifications/Experiences/References for Prime Firm 20%3. Subcontractor Experience 10%4. Business Inclusion and Development Plan 15%5. Financial Sufficiency 5%6. Schedule/Time of Completion 5%
Total 100%
ESTIMATED SCHEDULE OF PROJECT
Began Design May 2008Completed Design December 2008Begin Construction September 2009Complete Construction September 2010
The Park and Recreation Board authorized the advertisement for a Request for Competitive Sealed Proposals on December 4, 2008.
The Park and Recreation Board authorized award of the contract on May 7, 2009.
FISCAL INFORMATION
2003 Bond Funds - $371,935.442006 Bond Funds - $7,529,064.56
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
Phoenix I Restoration and Construction, Ltd.
White Male 15 White Female 2Black Male 1 Black Female 0Hispanic Male 48 Hispanic Female 1Other Male 0 Other Female 0
Agenda Date 08/26/2009 - page 3
PROPOSAL INFORMATION
The following five proposals with quotes were received and opened on February 5, 2009:
*Denotes successful proposer
Alternate Nos. Proposers Base Bid 1 and 3** Total Bid Scores
*Phoenix I Restoration and $4,400,000 $3,501,000 $7,901,000 3029.85Construction, Ltd.9411 Hargrove Drive, Dallas, TX
Turner Construction Company $4,215,000 $3,205,000 $7,420,000 2949.65Gilbert May, Inc. dba Philips/ Non-responsive***
May CorporationReeder General Contractors, Inc. Non-responsive***Mitchell Enterprises, Ltd. Non-responsive***
**Alternate No. 1 - provides for center gallery exhibit modules with tanks.**Alternate No. 3 - provides for shark and sting ray tanks addition.
***Gilbert May, Inc. dba Philips/May Corporation was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project.
***Reeder General Contractors, Inc. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project.
***Mitchell Enterprises, Ltd. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project.
Note: After value engineering, the final offer from Phoenix I Restoration and Construction, Ltd. for Base Price and Alternate Nos. 1 and 3 was $7,901,000.
OWNER
Phoenix I Restoration and Construction, Ltd.
Dale C. Sellers, President
MAP
Attached
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize a construction contract for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue - Phoenix I Restoration and Construction, Ltd., best value proposer of five - $7,901,000 - Financing: 2003 Bond Funds ($371,935) and 2006 Bond Funds ($7,529,065)
Phoenix I Restoration and Construction, Ltd. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Construction
WHEREAS, on February 5, 2009, five proposals were received for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park located at 1462 First Avenue.
Alternate Nos. Proposers Base Bid 1 and 3** Total Bid Scores
Phoenix I Restoration and $4,400,000 $3,501,000 $7,901,000 3029.85Turner Construction Company $4,215,000 $3,205,000 $7,420,000 2949.65Gilbert May, Inc. dba Philips/ Non-responsive***
May CorporationReeder General Contractors, Inc. Non-responsive***Mitchell Enterprises, Ltd. Non-responsive***
**Alternate No. 1 - provides for center gallery exhibit modules with tanks.**Alternate No. 3 - provides for shark and sting ray tanks addition.
***Gilbert May, Inc. dba Philips/May Corporation was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project.
***Reeder General Contractors, Inc. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project.
***Mitchell Enterprises, Ltd. was deemed non-responsive because they did not submit the information on the subcontractors experience by the due date for this project.
Note: After value engineering, the final offer from Phoenix I Restoration and Construction, Ltd. for Base Price and Alternate Nos. 1 and 3 was $7,901,000.
WHEREAS, it has been determined that acceptance of the final and best offer from Phoenix I Restoration and Construction, Ltd., in an amount not to exceed $7,901,000 is the best value for the City of Dallas.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
COUNCIL CHAMBER
August 26, 2009
SECTION 1. That the City Manager is hereby authorized to enter into a contract with Phoenix I Restoration and Construction, Ltd. for interior renovations and additions to the existing Aquarium, including replacement of the life support systems, renovation of the public areas with new aquatic exhibits, and a new addition for the shark and sting ray tanks at Fair Park, best value for the City of Dallas.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a contract with Phoenix I Restoration and Construction, Ltd., after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $7,901,000 to Phoenix I Restoration and Construction, Ltd., as follows:
(2006) Park and Recreation Facilities Improvement Fund 7T00, Department PKR, Unit K006, Object 4310, Activity FPRK, Program PK03K006, CT-PKR09019089, Commodity 91200, Vendor VC0000003594 $7,529,064.56
(2003) Neighborhood Park and Recreation Facilities Fund 3R00, Department PKR, Unit K006, Object 4310, Activity FPRK, Program PK03K006, CT-PKR09019089, Commodity 91200, Vendor VC0000003594 $369,210.44
(2003) Neighborhood Park and Recreation Facilities Fund 5R00, Department PKR, Unit K006, Object 4310, Activity FPRK, Program PK03K006, CT-PKR09019089, Commodity 91200, Vendor VC0000003594 $2,725.00
Total amount not to exceed $7,901,000.00
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
ADDENDUM ITEM # 11KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
Authorize a service contract with Ford Audio-Video Systems, Inc., through the Texas Multiple Award Schedule for the purchase and installation of the audio, video and control system to Juanita J. Craft Recreation Center located at 4500 Spring Avenue - Not to exceed $169,578 - Financing: 2006 Bond Funds
BACKGROUND
This action awards a service contract to Ford Audio-Video Systems, Inc. in the amount of $169,578.41 for the purchase and installation of the audio, video and control system to be installed at the aerobics room; cooking classroom; video conference room; game room; weight room; waiting room; and classrooms 1 and 2 for the renovation and addition to Juanita J. Craft Recreation Center.
The Texas Procurement and Support Services (TPASS) has established, as an alternative purchasing method, the use of Texas Multiple Award Schedule (TXMAS) contracts that have been developed from contracts that have been competitively awarded by the federal government or any other governmental entity of any state. As the responsible federal entity, the General Services Administration's (GSA) Federal Supply Service awards Federal Supply Schedule contracts by competitive procurement procedures for more than 50 schedules that cover multiple commodities and services. The prices reflected on GSA schedule contracts are the most favored customer (MFC) prices and the maximum price allowable. TXMAS contracts take advantage of the MFC pricing and under certain circumstances, an agency or local government entity, may negotiate a lower price for the goods or services offered on a schedule contract. A "best value" purchase can be made by following the TXMAS purchasing procedures.
Agenda Date 08/26/2009 - page 2
BACKGROUND (Continued)
This service contract is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code, Section 271.102 of the Texas Local Government Code which authorizes a local government to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization.
ESTIMATED SCHEDULE OF PROJECT
Begin installation of equipment February 2010Complete installation of equipment April 2010
The Park and Recreation Board authorized award of the service contract on August 20, 2009.
FISCAL INFORMATION
2006 Bond Funds - $169,578.41
ETHNIC COMPOSITION
Ford Audio-Video Systems, Inc.
White Male 194 White Female 33Black Male 11 Black Female 3Hispanic Male 10 Hispanic Female 2Other Male 9 Other Female 1
OWNERS
Ford Audio-Video Systems, Inc.
James A. Ford, PresidentBryan Burdick, Vice PresidentClaire M. Ford, Secretary/Treasurer
MAP
Attached
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COUNCIL CHAMBER
August 26, 2009
WHEREAS, it is necessary to award a service contract with Ford Audio-Video Systems, Inc. for the purchase and installation of the audio, video and control system to be installed at the aerobics room; cooking classroom; video conference room; game room; weight room; waiting room; and classrooms 1 and 2 for the renovation and addition at Juanita J. Craft Recreation Center located at 4500 Spring Avenue, in an amount not to exceed $169,578.41.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That the City Manager is hereby authorized to execute a service contract with Ford Audio-Video Systems, Inc. through the Texas Multple Award Schedule (TXMAS) contracts for the purchase and installation of the audio, video and control system to be installed at the aerobics room; cooking classroom; video conference room; game room; weight room; waiting room; and classrooms 1 and 2 for the renovation and addition at Juanita J. Craft Recreation Center, in an amount not to exceed $169,578.41.
SECTION 2. That the President of the Park and Recreation Board and the City Manager be authorized to execute a service contract with Ford Audio-Video Systems, Inc., after approval as to form by the City Attorney's Office.
SECTION 3. That the City Controller be and is hereby authorized to pay the amount of $169,578.41 to Ford Audio-Video Systems, Inc. from (2006) Park and Recreation Facilities Improvement Fund, Fund 7T00, Department PKR, Unit P384, Object 4770, Activity PPPF, Program PK384, CT-PKR09019119, Commodity 28700, Vendor 263174.
SECTION 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Authorize (1) rescinding the contract with Bauhaus Interiors Group, previously approved on May 27, 2009, by Resolution No. 09-1370, for interior furnishings for the Lochwood Branch Library located at 11221 Lochwood Boulevard; and (2) an increase in the contract with J.C. Commercial, Inc. for interior furnishings and additional work requested to revise the building entry approach and provide a transition between the existing building and the new construction of the Lochwood Branch Library - Not to exceed $187,235, from $4,075,556 to $4,262,791 - Financing: 2003 Bond Funds
BACKGROUND
This action rescinds the award to Bauhaus Interiors Group and authorizes Change Order No. 7 to the contract with J.C. Commercial, Inc. to address changes in the work. On May 27, 2009, Council authorized a construction contract with Bauhaus Interiors Group for interior furnishings of the Lochwood Branch Library in the amount of $75,730.70. Subsequent to the award, the City requested a payment bond for 100% of the award. Bauhaus Interiors Group is unable to provide the required bonding. The City has advised Bauhaus Interiors Group that the award would be terminated. J.C. Commercial, Inc. will provide the furnishings instead for the same cost. This Council action will authorize this change in providing the furnishings for this library.
This action will also address a number of modifications to the construction contract.
The project has presented many challenges with the integration of an existing gymnasium building (5,400 sf) and new construction (14,800 sf). The design called for a seamless spatial transition between these areas. The removal of existing gymnasium masonry loading bearing walls with steel framing resulted in additional field modified steel fabrication. Texas Accessibility Standard review requires changes in dressing rooms and adding tactile paving surfaces at street sidewalk entries and revising building entry approaches.
Agenda Date 08/26/2009 - page 2
BACKGROUND (Continued)
The Library Department requests book carts and a monument sign at the main library entry, additional steel support framing for folding partitions in the Community Room (existing gym building), modified ceiling heights and additional furr downs in the existing gymnasium building to match new construction, additional ceiling access panels for maintenance of HVAC equipment in main library ceiling, modification of floor elevations in the existing gymnasium building to match new finish floor elevations in the main library, and removal of existing 8' high retaining wall and replacement with stepped retaining wall at Lake Garden side.
The Lochwood Branch Library is currently under construction, and is 80% complete. The library is scheduled to open to the public in October 2009. The library furnishings and millwork will need to be installed no later than September 2009 to complement the October 2009 opening date. Furnishings include stack chairs and dolly, seating, tables, office systems furniture and storage units.
The Lochwood Branch Library is a replacement facility for the Casa View Branch Library. The existing gymnasium building of 5,400 square feet (formerly part of a YMCA building) will be remodeled for a black box theater, and 14,800 square feet will be added (new) for the main library space. The Lochwood Branch Library furniture and associated millwork will complete the interior furnishings to complement the October 2009 occupancy of the facility.
In the 2003 Bond Program, the citizens of Dallas approved funding for the design and construction of the Lochwood Branch Library. Bonds were sold in November 2004, in the amount of $513,000 and in November 2005, in the amount of $6,487,874, for a total of $7,000,874.
ESTIMATED SCHEDULE OF PROJECT
Began Construction July 2008Complete Construction October 2009
Approved Library Master Plan on April 11, 2001, by Resolution No. 01-1261.
Authorized a professional services agreement with Meyer Scherer & Rockcastle, Ltd. for design and construction documents for the Lochwood Branch Library on May 25, 2005, by Resolution No. 05-1555.
Authorized a construction contract with J.C. Commercial, Inc. for the construction of the Lochwood Branch Library on April 9, 2008, by Resolution No. 08-1055.
Authorized a contract with nine firms for interior furnishings and an increase (Change Order No. 5) to the contract with J.C. Commercial, Inc. for millwork for the Lochwood Branch Library on May 27, 2009, by Resolution Nos. 09-1370 and 09-1371.
FISCAL INFORMATION
2003 Bond Funds - $187,235
M/WBE INFORMATION
See attached.
ETHNIC COMPOSITION
J.C. Commercial, Inc.
Hispanic Female 1 Hispanic Male 0African-American Female 0 African-American Male 0Other Female 0 Other Male 0White Female 5 White Male 13
OWNER
J.C. Commercial, Inc.
Larry R. Wagnor, PresidentMichelle Wagnor, Vice President/Secretary
MAP
Attached.
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize (1) rescinding the contract with Bauhaus Interiors Group, previously approved on May 27, 2009, by Resolution No. 09-1370, for interior furnishings for the Lochwood Branch Library located at 11221 Lochwood Boulevard; and (2) an increase in the contract with J.C. Commercial, Inc. for interior furnishings and additional work requested to revise the building entry approach and provide a transition between the existing building and the new construction of the Lochwood Branch Library - Not to exceed $187,235, from $4,075,556 to $4,262,791 - Financing: 2003 Bond Funds
J.C. Commercial, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Construction
WHEREAS, the Library Master Plan as developed by the Hillier Group and approved by City Council indicates a need for a replacement library for the existing Casa View facility; and,
WHEREAS, in the 2003 Bond Program, the citizens of Dallas approved funding for the design and construction of a replacement library facility to serve the Casa View service area; and,
WHEREAS, on August 29, 2006, the Municipal Library Advisory Board, voted unanimously that the branch library that had previously been known by the working title of the Casa View Branch Library Replacement will be officially known as the Lochwood Branch Library; and,
WHEREAS, on April 9, 2008, Resolution No. 08-1055 authorized a construction contract with J.C. Commercial, Inc. for the construction of the Lochwood Branch Library in the amount of $3,914,277; and,
WHEREAS, on October 2, 2008, Administrative Action No. 08-2697 authorized Change Order No. 1 to the contract with J.C. Commercial, Inc. in the amount of $12,650, increasing the contract from $3,914,277 to $3,926,927; and,
WHEREAS, on March 12, 2009, Administrative Action No. 09-0728 authorized Change Order No. 2 to the contract with J.C. Commercial, Inc. in the amount of $23,175, increasing the contract from $3,926,927 to $3,950,102; and,
WHEREAS, on March 26, 2009, Administrative Action No. 09-0882 authorized Change Order No. 3 to the contract with J.C. Commercial, Inc. in the amount of $13,680, increasing the contract from $3,950,102 to $3,963,782; and,
WHEREAS, on April 21, 2009, Administrative Action No. 09-1117 authorized Change Order No. 4 to the contract with J.C. Commercial, Inc. in the amount of $19,382, increasing the contract from $3,963,782 to $3,983,164; and,
WHEREAS, on May 27, 2009, Resolution No. 09-1370 authorized contracts with seven vendors for the purchase and installation of furniture for the Lochwood Branch Library totaling $280,442.84, including Bauhaus Interiors Group for the amount of $75,730.70; and,
WHEREAS, on May 27, 2009, Resolution No. 09-1371 authorized Change Order No. 5 to the contract with J.C. Commercial, Inc. for the construction of the Lochwood Branch Library in the amount of $71,013, increasing the contract from $3,983,164 to $4,054,177; and,
COUNCIL CHAMBER
August 26, 2009
WHEREAS, on July 2, 2009, Administrative Action No. 09-1745 authorized Change Order No. 6 to the contract with J.C. Commercial, Inc. in the amount of $21,379, increasing the contract from $4,054,177 to $4,075,556; and,
WHEREAS, Bauhaus Interiors Group failed to provide the required bonding to perform its contract; and,
WHEREAS, it is now necessary to (1) rescind the contract with Bauhaus Interiors Group for the interior furnishings of the Lochwood Branch Library, previously authorized by Resolution No. 09-1370, on May 27, 2009 in the amount of $75,730.70, and (2) authorize Change Order No. 7 to the contract with J.C. Commercial, Inc. to address changes in the work in the amount of $187,235, increasing the contract from $4,075,556 to $4,262,791.
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the City Manager is hereby authorized to rescind the contract with Bauhaus Interiors Group for the interior furnishings of the Lochwood Branch Library, previously authorized by Resolution No. 09-1370, on May 27, 2009 in the amount of $75,730.70, and authorize Change Order No. 7 to the contract with J.C. Commercial, Inc. to address changes in the work in the amount of $187,235, increasing the contract from $4,075,556 to $4,262,791.
Section 2. That the City Manager is hereby authorized to execute the increase to the contract with J.C. Commercial, Inc. after it has been approved as to form by the City Attorney.
Section 3. That the City Controller is hereby authorized to release the encumbrance as follows:
Library Facilities FundFund 5R42, Dept. PBW, Unit R661, Act. LIBFObj. 4710, Program #PB03R661, CT PBW03R661I1Vendor #VC0000007521, in an amount not to exceed ($75,730.70)
Section 4. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from:
Library Facilities FundFund 5R42, Dept. PBW, Unit R661, Act. LIBFObj. 4310, Program #PB03R661, CT PBW03R661F1Vendor #VS0000012563, in an amount not to exceed $111,504.23
COUNCIL CHAMBER
August 26, 2009
Section 5. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from:
Library Facilities FundFund 5R42, Dept. PBW, Unit R661, Act. LIBFObj. 4710, Program #PB03R661, CT PBW03R661F1Vendor #VS0000012563, in an amount not to exceed $ 75,730.70
Section 6. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
Distribution: Public Works and Transportation, Jean Mitchell, OCMC, Room 101Public Works and Transportation, Robert Durham, OCMC, Room 321City AttorneyLibraryOffice of Financial ServicesCity Controller's Office, Sherrian Parham, 4BN
ADDENDUM ITEM # 13KEY FOCUS AREA: Better Cultural, Arts and Recreational Amenities
Authorize (1) a contract with CORE Construction Services of Texas, Inc., best value proposer of four, in the amount of $3,260,000, for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue; (2) assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector Health Initiative and Baylor Health Care System to manage; (3) the receipt and deposit of funds in the amount of $1,625,000 from Southern Sector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center; and (4) an increase in appropriations in the Juanita J. Craft Wellness Fund in the amount of $1,625,000 - Not to exceed $3,260,000 - Financing: 2006 Bond Funds ($1,635,000) and Juanita J. Craft Wellness Funds ($1,625,000)
BACKGROUND
The operation, programming, and lease agreement with Southern Sector Health Initiative and Baylor Health Care System (SSHI/Baylor) was authorized by Council on January 14, 2009, by Resolution No. 09-0174 for the Diabetes Health and Wellness Center Institute at Juanita J. Craft. The agreement outlined a partnership for the development of improvements to Juanita J. Craft Recreation Center and for the operation of a Diabetes Health and Wellness Center Institute at Juanita J. Craft Recreation Center. The agreement stated the City's maximum contribution towards the development costs, except for the clinic's exclusive use areas would be $2,000,000. SSHI/Baylor is responsible for the exclusive clinic use costs and all development costs over $2,000,000.
Agenda Date 08/26/2009 - page 2
BACKGROUND (Continued)
On July 30, 2009, four proposals were received for the construction of the renovation and an addition to the Juanita J. Craft Recreation Center in response to the Request for Competitive Sealed Proposals. One of the four proposals was withdrawn. CORE Construction Services of Texas, Inc. was the best value proposer of four, in the amount of $3,260,000, including the Base Price and Alternate No. 3. Of the $3,260,000 contract award amount; $1,625,000 is attributable to the exclusive clinic use areas and will be funded by SSHI/Baylor and $1,635,000 is attributable to the City's portion of the construction contract award. The City's scope of work includes the following: sitework, including landscaping, irrigation, parking, sidewalks and utilities; renovation of the recreation center, including window replacement; roofing; HVAC improvements; new finishes; and reconfiguration of the plan that includes a multipurpose room, teaching kitchen, classrooms, fitness room, offices, and storage. The SSHI/Baylor scope of work includes a new addition for the clinic's administrative offices and a waiting area; finish-out of existing clinic space for their new clinic; and a new drop-off entry drive.
This action includes assignment of the contract with CORE Construction Services of Texas, Inc. to SSHI/Baylor to manage, in accordance with the agreement. This action also includes appropriation of funds received from SSHI/Baylor in the amount of $1,625,000.
The following is evaluation criteria and weighting for each criteria for determining the "best value" proposer.
Evaluation Weighting
1. Proposed Construction Contract Award 40%2. Qualifications/Experiences/Reference for Prime Firm 20%3. Subcontractor Experience 10%4. Business Inclusion and Development Plan 15%5. Financial Sufficiency 5%6. Schedule/Time of Completion 10%
100%
ESTIMATED SCHEDULE OF PROJECT
Began Design April 2008Completed Design June 2009Begin Construction September 2009Complete Construction April 2010
The Park and Recreation Board authorized the public hearing to be held on December 10, 2008, to receive comments on the proposed use of the Juanita J. Craft Recreation Center on November 6, 2008.
City Council authorized the public hearing to be held on December 10, 2008, to receive comments on the proposed use of the Juanita J. Craft Recreation Center on November 10, 2008, by Resolution No. 08-3127.
The Park and Recreation Board authorized the public hearing to receive comments on the proposed use of the Juanita J. Craft Recreation Center on November 6, 2008.
City Council authorized the public hearing to receive comments on the proposed use of the Juanita J. Craft Recreation Center on December 10, 2008, by Resolution No. 08-3400.
The Park and Recreation Board authorized the operation, programming, and lease agreement with Southern Sector Health Initiative and Baylor Health Care System for the Health and Wellness Institute at the Juanita J. Craft Recreation Center on January 8, 2009.
City Council authorized the operation, programming, and lease agreement with Southern Sector Health Initiative and Baylor Health Care System for the Health and Wellness Institute at the Juanita J. Craft Recreation Center on January 14, 2009, by Resolution No. 09-0174.
The Park and Recreation Board authorized the approval of the conceptual plan for improvements, renovation, and construction components of the master plan and advertisement for a Request for Competitive Sealed Proposals on June 18, 2009.
The Park and Recreation Board authorized award of the contract on August 20, 2009.
FISCAL INFORMATION
2006 Bond Funds - $1,635,000Juanita J. Craft Wellness Funds - $1,625,000
M/WBE INFORMATION
See attached.
Agenda Date 08/26/2009 - page 4
ETHNIC COMPOSITION
CORE Construction Services of Texas, Inc.
White Male 25 White Female 8Black Male 1 Black Female 0Hispanic Male 49 Hispanic Female 0Other Male 4 Other Female 1
PROPOSAL INFORMATION
The following four proposals with quotes were received and opened on July 30, 2009:
*Denotes the successful proposer
Proposers Base Bid Alternate No. 3** Total Bid Scores
*CORE Construction Services $3,236,000 $24,000 $3,260,000 4462.25of Texas, Inc.10625 North County Road Frisco, TX
CD Henderson Construction $3,697,000 $30,700 $3,727,700 4227.30Group
Gilbert May, Inc. dba Phillips/May $4,980,333 $40,000 $5,020,333 2582.75Corporation
Big Sky Construction Company, Inc. Withdrew***
**Alternate No. 3 - provides for the replacement of the existing sewer line.***Big Sky Construction Company, Inc. withdrew their proposal due to a mathematical error on their bid.
OWNERS
CORE Construction Services of Texas, Inc.
Tim Erickson, PresidentBryan Vassar, SecretarySteve Roeschley, Treasurer
MAP
Attached
BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY
PROJECT: Authorize (1) a contract with CORE Construction Services of Texas, Inc., best value proposer of four, in the amount of $3,260,000, for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue; (2) assignment of the contract with CORE Construction Service of Texas, Inc. to Southern Sector Health Initiative and Baylor Health Care System to manage; (3) the receipt and deposit of funds in the amount of $1,625,000 from Southern Sector Health Initiative/Baylor for the renovation and an addition to the Juanita J. Craft Recreation Center; and (4) an increase in appropriations in the Juanita J. Craft Wellness Fund in the amount of $1,625,000 - Not to exceed $3,260,000 - Financing: 2006 Bond Funds ($1,635,000) and Juanita J. Craft Wellness Funds ($1,625,000)
CORE Construction Services of Texas, Inc. is a non-local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors.PROJECT CATEGORY: Construction
WHEREAS, on July 30, 2009, four proposals were received for the renovation and an addition to the Juanita J. Craft Recreation Center located at 4500 Spring Avenue.
Proposers Base Bid Alternate No. 3** Total Bid Scores
CORE Construction Services $3,236,000 $24,000 $3,260,000 4462.25of Texas, Inc.
CD Henderson Construction $3,697,000 $30,700 $3,727,700 4227.30Group
Gilbert May, Inc. dba Phillips/May $4,980,333 $40,000 $5,020,333 2582.75Corporation
Big Sky Construction Company, Inc. Withdrew***
**Alternate No. 3 - provides for the replacement of the existing sewer line.***Big Sky Construction Company, Inc. withdrew their proposal due to a mathematical error on their bid.
Now, Therefore,
BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS:
SECTION 1. That a contract be awarded with CORE Construction Services of Texas, Inc. for the renovation and an addition to the Juanita J. Craft Recreation Center, best value for the City of Dallas, in an amount not to exceed $3,260,000.
SECTION 2. That the contract with CORE Construction Services of Texas, Inc. be assigned to Southern Sector Health Initiative and Baylor Health Care System (SSHI/Baylor), in accordance with the operation, programming, and lease agreement.
SECTION 3. That the City Controller be and is hereby authorized to receive and deposit funds from SSHI/Baylor in an amount not to exceed $1,625,000 in the Juanita J. Craft Wellness Fund in Fund 0577, Department PKR, Unit P384, Revenue Code 8411.
SECTION 4. That the City Manager be and is hereby authorized to increase appropriations in Fund 0577, Department PKR, Unit P384, Object 4310 in the amount of $1,625,000.
SECTION 5. That the City Controller be and is hereby authorized to return any remaining funds in the Juanita J. Craft Wellness Fund 0577 upon the completion of this project to SSHI/Baylor.
COUNCIL CHAMBER
August 26, 2009
SECTION 6. That the City Controller be and is hereby authorized to pay the amount of $3,260,000 to CORE Construction Services of Texas, Inc., as follows:
Juanita J. Craft Wellness Fund, Fund 0577, Department PKR, Unit P384, Object 4310, Activity PPPF, Program PK384, CT-PKR09019118, Commodity 91200Vendor VS0000010088 $1,625,000
(2006) Park and Recreation Facilities Improvement Fund Fund 7T00, Department PKR, Unit P384, Object 4310Activity PPPF, Program PK384, CT-PKR09019118Commodity 91200, Vendor VS0000010088 $1,635,000
Total amount not to exceed $3,260,000
SECTION 7. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved.
A public hearing to receive comments regarding an application for and an ordinance granting a Planned Development District for Retirement housing, Single family, and certain nonresidential uses on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District on property at the northwest corner of Compton Street and Fran WayRecommendation of Staff and CPC: Approval, subject to a Tract I and Tract II development plan/Tract III conceptual plan and conditionsZ089-160(RB)
1
HONORABLE MAYOR & CITY COUNCIL WEDNESDAY, AUGUST 26, 2009 ACM: A. C. Gonzalez
FILE NUMBER: Z089-160(RB) DATE FILED: February 13, 2009
LOCATION: Compton Street and Fran Way, Northwest Corner
COUNCIL DISTRICT: 4 MAPSCO: 55F, 55B
SIZE OF REQUEST: Approx. 8.6 Acres CENSUS TRACT: 49 APPLICANT: SDC Fiji Senior, LP-Jay Oji and Joseph Agumadu, Partners
REPRESENTATIVE: Trace Strevey OWNERS: SDC Fiji Senior, LP; City of Dallas
REQUEST: An application for a Planned Development District for
Retirement housing, Single family, and certain non-residential uses on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District.
SUMMARY: The applicant proposes to develop the site with retirement
housing, single family, and certain nonresidential uses. CPC RECOMMENDATION: Approval, subject to a Tract I and Tract II
development plan/Tract III conceptual plan and conditions.
STAFF RECOMMENDATION: Approval, subject to a Tract I and Tract II
development plan/Tract III conceptual plan and staff’s recommended conditions.
Z089-160(RB)
2
BACKGROUND INFORMATION:
• The site’s northern half is developed with a vacant industrial building while the southern portion is undeveloped.
• The applicant proposes to remove all improvements and redevelop the site with a
mix of retirement housing, single family attached (townhouse structures) dwelling units, and certain office and retail uses, located in specific tracts as noted on the conceptual plan and in the requested conditions.
• On June 27, 2007, the City Council authorized a loan to the applicant for the
construction of a retirement housing use consisting of 130 dwelling units located within the northern half of the request site.
• The senior housing project is a component of the proposed Corinth Street
Corridor redevelopment effort, which will also include townhouses and duplexes, as well as ground floor retail with upper residential uses along Corinth Street.
Zoning History:
File No. Request, Disposition, and Date 1. Z078-210 An MU-1 Mixed Use District on property zoned an LI
Light Industrial District. Approved by the City Council on June 25, 2008.
Compton Street Local; 40’ ROW Fran Way Local; 40’ ROW
Comprehensive Plan: The applicant is proposing to create a Planned Development District for a mix of retirement housing, single family (attached), and certain nonresidential uses with consideration of alternative development standards. The site is considered an Urban Neighborhood. These areas are predominantly residential, but are distinguished from other neighborhoods by the wide variety of housing options they provide and easy access to public transit. These neighborhoods
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will have concentrations of shops and offices along key corridors or at key intersections, providing important services and job opportunities within walking distance of residents. The applicant has worked with staff to address a mix of uses and development standards that not only provide for a seamless mixed use development, but are sensitive to the surrounding partially developed area and mirror the vision for future development of those undeveloped parcels. Subject to staff’s recommended conditions, the applicant’s request complies with the Land Use, Economic, Housing, Urban Design, and Environment Elements, respectively, as outlined in forwardDallas! LAND USE ELEMENT GOAL 1.2 Promote desired development.
Policy 1.2.1 Use Vision Building Blocks as a general guide for desired
development patterns. GOAL 1.3 Provide equitable opportunities for Dallas residents.
Policy 1.3.1 Create housing opportunities throughout Dallas.
ECONOMIC ELEMENT GOAL 2.2: Engage in strategic economic development.
Policy 2.2.2: Maximize development opportunities around DART stations.
HOUSING GOAL 3.2 Answer the need for housing options.
Policy 3.2.2 Encourage higher density housing within a quarter-mile of DART stations.
URBAN DESIGN ELEMENT GOAL 5.3 Establish walk-to convenience.
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Policy 5.3.1 Encourage a balance of land uses within walking distance of each other.
ENVIRONMENT ELEMENT GOAL 6.3 Improve energy efficiency and air quality.
Policy 6.3.3 Limit vehicle miles traveled.
Area Plan: The request site is within the boundaries of Subarea 3 (The Heights) of the Tenth Street Land Use Study, approved by City Council on August 26, 1999. The focus of the study revolved around two areas: 1) review of land use, zoning, housing and other quality of life factors perceived to have impeded growth and development within the Tenth Street community, and 2) development of a “housing model” to encourage restoration of the Tenth Street Historic District. The study determined that future development/redevelopment be residential in nature. The main emphasis of the applicant's request is the development of two distinct residential areas with a tract of land to be developed with certain community serving nonresidential uses. The request, subject to the attached recommended conditions, complies with the vision of this land use study. Trinity River Corridor Comprehensive Land Use Plan: While just outside of the boundary of the study, the site is adjacent to the Tenth Street Bottoms and Skyline Heights study areas. The vision for the Tenth Street Bottoms area (north of the request area) is focused on revitalization of the adjacent neighborhood, inclusive of low density residential and community serving retail. The area south of 11th Street in the Skyline Heights study area (east of the request area) is envisioned to be residential in character. Land Use Compatibility: The request site is developed with a vacant industrial building within the northern half; the southern half is undeveloped. The applicant is proposing to develop the site with a mix of residential and nonresidential uses and is requesting a planned development district for consideration of the following: 1) certain uses not permitted by one of the existing zoning classifications; 2) various development standards not permitted by either of the existing zoning classifications; 3) development that does not comply with the residential proximity slope regulations; and, 4) reduced off-street parking requirements for certain uses.
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The site is surrounded by a mix of uses, with the emphasis of existing development being scattered low density residential to the east, south and west. Interspersed through the area are such uses as an institutional (church) and DART’s 8th & Corinth Street Transit Station to the north/northwest, pockets of retail and commercial uses to the east, along the Corinth Street frontage, and an electrical substation to the west, abutting the site’s southwest quadrant. Staff generally accepts the proposal for mixed use development, which is consistent with the various redevelopment efforts noted in this document. Staff has worked with the applicant’s representative to address compatibility issues as it relates to its proximity to residentially zoned properties. As a result of this analysis, staff supports the applicant’s request, subject to the attached plan and conditions. Traffic: The Engineering Section of the Building Inspection Division of the Department of Development Services has reviewed the request and required Traffic Impact Analysis and determined that it will not significantly impact the surrounding roadway system. Parking: The applicant has proposed the development for Tracts I and III to be considered for a reduction in off-street parking. Due to the site’s proximity to a DART rail station (8th and Corinth and Morrell Stations), staff supports such reduction. It should be noted that the recently approved form-based zoning provides for a sliding scale related to off-street parking reductions for development within certain established distances from mass transit alternatives. It should be noted that Tract II (single family) will provide two spaces for each dwelling unit. Landscaping: The site’s existing landscape materials predominately consists of large stands of native trees along its perimeter. Staff has worked with the applicant to ensure the proposed development provides for a significant presence of pedestrian amenities and landscape materials along its perimeter as well as addressing internal requirements as the site develops to its capacity across the three tracts. Street Abandonment/Dedication: In conjunction with the request, the applicant has made application for the abandonment and rededication of Figi Street and Danel Street. It is anticipated this item will be considered by the City Council on August 12, 2009. CPC ACTION (August 13, 2009) Motion: In considering an application for a Planned Development District for Retirement housing, Single family, and certain non-residential uses on property zoned
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an MF-2(A) Multifamily District and an MU-1 Mixed Use District at the northwest corner of Compton Street and Fran Way, it was moved to hold this case under advisement until August 20, 2009.
Maker: Davis Second: Lueder Result: Carried: 14 to 0
Notices: Area: 500 Mailed: 131 Replies: For: 6 Against: 1 Speakers: For: Trace Strevey, Address not given Against: None
(August 20, 2009)
Motion: It was moved to recommend approval of a Planned Development District for Retirement housing, Single family, and certain non-residential uses subject to a Tract I and Tract II development plan/Tract III conceptual plan and staff’s recommended conditions with the addition of two new subsections – 110(f) and 115(d) – within sections 110 and 115 on property zoned an MF-2(A) Multifamily District and an MU-1 Mixed Use District at the northwest corner of Compton Street and Fran Way
Maker: Davis Second: Lueder Result: Carried: 12 to 0
Notices: Area: 500' Mailed: 131 Replies: For: 6 Against: 1 Speakers: For: Jay Oji, Address not given Against: None
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CPC RECOMMENDED CONDITIONS FOR A PLANNED DEVELOPMENT DISTRICT
FOR RETIREMENT HOUSING, SINGLE FAMILY, AND CERTAIN NONRESIDENTIAL
USES
“ARTICLE .
PD .
SEC. 51P- .101. LEGISLATIVE HISTORY. PD was established by Ordinance No. , passed by the Dallas City Council on . SEC. 51P- .102. PROPERTY LOCATION AND SIZE. PD is established on property located in the northwest corner of Compton Street and Fran Way. The size of PD is approximately 12.898 acres. SEC. 51P- .103. DEFINITIONS AND INTERPRETATIONS.
(a) Unless otherwise stated, the definitions and interpretations in Chapter 51A apply to this article.
(b) Unless otherwise stated, all references to articles, divisions, or sections in
this article are to articles, divisions, or sections in Chapter 51A. (c) Tracts I and II are considered to be residential districts. Tract III is considered to be a nonresidential district. SEC. 51P- .104. EXHIBIT. The following exhibit is incorporated into this article: Exhibit ___A: Tract I and Tract II development plan/Tract III conceptual plan. SEC. 51P-____.105. CONCEPTUAL PLAN. For Tract III, development and use of property must comply with the Tract I and Tract II development plan/Tract III conceptual plan (Exhibit ___A). If there is a conflict between the text of this article and the Tract I and Tract II development plan/Tract III conceptual plan, the text of this article controls.
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SEC. 51P- .106. DEVELOPMENT PLAN. (a) For Tracts I and Tract II, development and use of the Property must comply with the Tract I and Tract II development plan/Tract III conceptual plan (Exhibit ____A). If there is a conflict between the text of this article and the Tract I and Tract II development plan/Tract III conceptual plan, the text of this article controls. (b) For Tract III, a development plan must be approved by the city plan commission before the issuance of any building permit to authorize work in this district. If there is a conflict between the text of this article and the development plan, the text of this article controls. SEC. 51P- .107. MAIN USES PERMITTED. The following uses are the only main uses permitted: a. Tract I:
-- Local utilities. -- Retirement housing.
b. Tract II:
-- Handicapped group dwelling unit. [SUP required if spacing component of Section 51A-4.209(3) is not met.]
-- Local utilities. -- Single family
c. Tract III:
Miscellaneous uses. --Temporary construction or sales office. Office uses. --Office. Residential uses. -- Handicapped group dwelling unit. [SUP required if spacing component of
Section 51A-4.209(3) is not met.] -- Retirement housing. -- Single family. Retail and personal service uses. --Business school. --Dry cleaning or laundry store.
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--Furniture store. --General merchandise or food store 3,500 square feet or less. --General merchandise or food store greater than 3,500 square feet. --Nursery, garden shop, or plant sales. --Personal service uses. --Restaurant without drive-in or drive-through service. --Swap or buy shop. [SUP] --Temporary retail use. Transportation uses. --Transit passenger shelter. Utility and public service uses. --Local utilities. [SUP or RAR may be required. See Section 51A-4.212(4).]
SEC. 51P- .108. ACCESSORY USES. (a) As a general rule, an accessory use is permitted in any district in which the main use is permitted. Some specific accessory uses, however, due to their unique nature, are subject to additional regulations in Section 51A-4.217. For more information regarding accessory uses, consult Section 51A-4.217. (b) In this district, the following accessory uses are permitted by right:
-- Accessory community center (private). -- Accessory game court (private).
SEC. 51P- .109. YARD, LOT, AND SPACE REGULATIONS. (Note: The yard, lot, and space regulations in this section must be read together with the yard, lot, and space regulations in Division 51A-4.400. If there is a conflict between this section and Division 51A-4.400, this section controls.) (a) Front yard. (1) Tract I. Minimum front yard is 15 feet. (2) Tract II. (A) For single family and handicapped group dwelling unit uses, minimum front yard is 15 feet. (B) For an accessory community center (private), no minimum front yard. (3) Tract III. Minimum front yard is 15 feet.
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(b) Side and rear yard. (1) Tract I. No minimum side and rear yard. (2) Tract II. Except as noted on the Tract I and Tract II development plan/Tract III conceptual plan, no minimum side and rear yard. (3) Tract III. No minimum side and rear yard.
(c) Density. (1) Tract I. Maximum number of dwelling units or suites is 130. (2) Tract II. Maximum number of dwelling units is 50. (3) Tract III. No maximum dwelling unit density.
(d) Floor area.
(1) Tract I. No maximum floor area. (2) Tract II. (A) For residential uses, no maximum floor area. (B) For an accessory community center (private), maximum floor area is 3,000 square feet. (3) Tract III. Maximum floor area is 20,000 square feet.
(e) Height.
(1) Residential proximity slope. For Tracts I and III, if any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope. Exception: Except for chimneys, structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less. Chimneys may project through the slope to a height 12 feet above the slope and 12 feet above the maximum structure height. (2) Tract I. Unless further restricted under Subparagraph (e)(1), maximum structure height is 50 feet. (3) Tract II. Maximum structure height is 35 feet. (4) Tract III. Unless further restricted under Subparagraph (e)(1), maximum structure height is 50 feet.
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(f) Lot coverage.
(1) Tract I. Maximum lot coverage is 25 percent. (2) Tract II. Maximum lot coverage is 65 percent. (3) Tract III. Maximum lot coverage is 80 percent.
(4) Aboveground parking structures are included in lot coverage
calculations; surface parking lots and underground parking structures are not.
(g) Lot size. (1) Tract I. No minimum lot size. (2) Tract II. (A) Minimum lot area for residential uses is 2,000 square feet. (B) For an accessory community center (private), no minimum lot size. (3) Tract III. No minimum lot size. (h) Stories. (1) Tract I. Maximum number of stories above grade is four. (2) Tract II. Maximum number of stories above grade is two. (3) Tract III. Maximum number of stories above grade is four. SEC. 51P- .110. OFF-STREET PARKING AND LOADING.
(a) Except as provided in this section, consult the use regulations in Division 51A-4.200 for the specific off-street parking and loading requirements for each use.
(b) For an accessory community center (private) and accessory game court (private), no off-street parking is required.
(c) For Tract I and Tract III, off-street parking as required by paragraph (a) is
reduced by 15 percent.
(d) For Tract III, off-street parking is prohibited in the front yard. (e) Screening of off-street parking areas from the street must attain a
minimum height of three feet above the parking surface and screening materials must utilize either, or a combination, of the following:
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(1) Earthen berm planted with turf grass or ground cover
recommended for local area use by the director of parks and recreation. The berm may not have a slope that exceeds one foot of height for each two feet in width.
(2) Evergreen plant materials recommended for local area use by the
director of parks and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed a maximum of 24 inches on-center over the entire length of the bed unless the building official approves an alternative planting density that a landscape authority certifies as being capable of providing a solid appearance within three years.
(f) In Tract I, carports must be architecturally compatible with the main structure the carport serves. SEC. 51P- .111. ENVIRONMENTAL PERFORMANCE STANDARDS. See Article VI. SEC. 51P- .112. LANDSCAPING
(a) Except as provided in this section, landscaping must be provided in accordance with Article X.
(b) Open Space #1 through Open Space #7, as located on the Tract I and
Tract II development plan/Tract III conceptual plan, must include a minimum of two of the following:
(1) park benches. (2) bicycle racks. (3) a minimum of two additional large canopy trees a minimum of three
caliper inches each. (4) trash receptacles.
(c) A minimum aggregate of 15,000 square feet of land area must be provided for all of Open Space #1 through Open Space #7.
(d) For single family uses in Tract II, a minimum of one large tree must be
provided for each lot.
(e) Tract I and Tract III Fran Way Street Frontage.
(1) Street trees must be provided at a ratio of one large tree for each 30 feet of frontage. Any street tree that is required to be planted within 20 feet of
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an overhead utility line, horizontally, may be a small tree specie as approved by the Building Official.
(2) Screening of off-street parking must consist of landscape materials
that are a minimum of three feet in height at time of planting and capable of obtaining a solid appearance within three years.
(3) A minimum 15 foot perimeter landscape buffer must be provided
along the frontage. This buffer may count as a design standard as required by Article X.
(4) Automatic irrigation is required for all perimeter landscape buffers.
(f) Plant materials must be maintained in a healthy growing condition.
SEC. 51P- .113. SIGNS.
Signs must comply with the provisions for non-business zoning districts in Article VII. SEC. 51P- .114. SIDEWALKS. (a) Sidewalks along Compton Street and Fran Way must be provided with an unobstructed sidewalk width of five feet. (b) The Board of Adjustment may not grant a waiver or variance to the sidewalk requirements of this section. SEC. 51P- .115. ADDITIONAL PROVISIONS. (a) The Property must be properly maintained in a state of good repair and neat appearance. (b) Development and use of the Property must comply with all federal and state laws and regulations, and with all ordinances, rules, and regulations of the city. (c) Garage doors are prohibited from facing Compton Street or Fran Way. (d) Each exterior facade of a main structure, excluding fenestration, must be at least 50 percent brick, stone, masonry, or glass. Fiber cement siding is prohibited as an exterior facade material. SEC. 51P- .116. COMPLIANCE WITH CONDITIONS.
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(a) All paved areas, permanent drives, streets, and drainage structures, if any, must be constructed in accordance with standard city specifications, and completed to the satisfaction of the director of public works and transportation. (b) The building official shall not issue a building permit to authorize work, or a certificate of occupancy to authorize the operation of a use, until there has been full compliance with this article, the Dallas Development Code, the construction codes, and all other ordinances, rules, and regulations of the city. SEC. 51P- .117. ZONING MAP. PD _____ is located on Zoning Map No. L-7.”
Z089-160(RB)
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Development Plan/Tract III Conceptual Plan
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CPC RESPONSES
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Page 1 of 5 4/9/2009 Notification List of Property Owners Z089-160 131 Property Owners Notified Label # Address Owner 1 201 FRAN SDC FIJI SENIOR LP SUITE 880 2 403 REUNION DALLAS AREA RAPID TRANSIT 3 531 MOORE ROMERO ANTONIO S 4 533 MOORE ALEXANDER JOAN 5 537 MOORE CORTEZ AURELIA H 6 541 MOORE WATSON IMA JEAN 7 601 MOORE INNERCITY DEV INC 8 229 AVE A DALLAS HOUSING ACQ & DEV CITY HALL 6DN 9 607 MOORE BOWIE LOUISE B 10 300611 MOORE CANTY SAMUEL F 11 501 MOORE CHAPEL HILL BAPTIST CHURCH 12 519 MOORE CHAPEL HILL BAPTIST CHURCH OF DALLAS 13 527 MOORE ATTAWAY LEONARD & ALICE M 14 523 MOORE LESTER HELENA 15 1313 LOTUS SOUTHERN DALLAS PROP JV 7 STE 100 16 307 MOORE HUNT IRENE R & % ERIK BAKKER 17 1312 LOTUS WALKER GARY 18 1314 LOTUS FRANKLIN DAWN & GUY BRIAN 19 563 WOODBINE SAMUEL DOROTHY ANN EST OF 20 551 WOODBINE HATLEY KATHERINE % MARGARET SHORT 21 543 WOODBINE SMITH MARTHA ANN % CLIFTON C SMITH 22 539 WOODBINE ODEGBARO CHRISTINE & ODEGBARO ANDREW 23 535 WOODBINE ODEGBARO CHRISTINE & ODEGBARO ANDREW 24 531 WOODBINE GIPSON ERMA M 25 527 WOODBINE CHECKERED ENTERPRISES LP 26 523 WOODBINE CISNEROS JOSE TAMAYO & CAROLINA
Thursday, April 09, 2009
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Label # Address Owner 27 519 WOODBINE CISNEROS JOSE T & CAROLINA F 28 426 AVE A DALLAS HOUSING ACQUISTION & DEV CORP 29 511 WOODBINE DALLAS HOUSING ACQUISITION & DEV CORP 30 507 WOODBINE MACIAS SALVADOR C 31 530 WOODBINE CONNER MRS CARRIE o32 511 CAREY BRIGHT EDWIN B 33 520 WOODBINE HOLLINS ROBERT EST OF %KARL HOOKS 34 508 WOODBINE BROTHERLY LOVE FAM CH 35 510 CORINTH ST TEXAS EAST JURISDICTION BISHOP AID ACCOUNT 36 508 CORINTH ST CHANDLER DONALD & 37 506 CORINTH ST CHANDLER DONALD & GWENDOLYN 38 622 MOORE LEYVA ARMANDO & ESMERALDA 39 628 MOORE JACKSON DEBORAH YOUNG 40 116 CORINTH ST TEXAS UTILITIES ELEC CO % STATE & LOCAL TAX DEPT 41 602 MOORE GARCIA ALFONSO 42 1300 COMPTON ST JOSEPH LG 1310 AF&AM 43 604 MOORE TORRES MANUEL 44 612 MOORE DALLAS HOUSING ACQUISITION &DEV CORP 45 614 MOORE WILSON TEMPIE M EST OF % MILDRED WRIGHT x46 1410 COMPTON BATEMAN LLOYD & 47 1414 COMPTON BROOKS LUCIOUS 48 315 AVE A DALLAS HOUSING ACQUISITION & DEVELOPMENT 49 1415 DOYLE CHURCH OF THE LIVING GOD 50 1407 DOYLE SCOTT PATRICIA ANN 51 1519 DOYLE COUNTRYWIDE HOME LOANS SERVICING LP 52 1515 DOYLE BETHEL CONSTRUCTION CO INC 53 1511 DOYLE WYATT DOAK L 54 1507 DOYLE DALLAS HOUSING AQ & DEV CORP 55 1502 COMPTON CERDA CYNTHIA PEREZ o56 1508 COMPTON BARNES CLARA % CYNTHIA M HARRIS 57 1510 COMPTON BELTRAN MONICA & MIGUEL A Thursday, April 09, 2009
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Label # Address Owner 58 1514 COMPTON POWELL ROSETTA 59 1518 COMPTON SDC SACHSE SENIOR VILLAS LLC 60 1521 DOYLE THOMPSON DINO 61 1526 COMPTON STANTON LUTHER ET AL 62 1530 COMPTON WILSON TEMPIE MAE EST OF % MILDRED WRIGHT 63 1534 COMPTON THOMPSON DINO JR 64 1538 COMPTON KING ALONZO 65 441 AVE A MILLER GORGE 66 1535 DOYLE THOMPSON MAE E 67 1406 DOYLE WILLIAMS DONALDSON 68 1410 DOYLE WRIGHT BERNICE 69 1414 DOYLE ODOM FRANCES % EVELYN HARRIS 70 1418 DOYLE WILLIAMS BRANDIE S 71 1422 DOYLE GARCIA FAUSTINO RIOS & REBECA FRANCO MARTINEZ 72 1415 FAYETTE BANKS ETTA APT 808 73 1411 FAYETTE STATON IDA EST OF 74 1407 FAYETTE MCINTOSH JAMES D EST OF % EST WILLIE MAE MCINTOSH 75 1502 DOYLE HILLIARD RALPH 76 1506 DOYLE JENKINS BETTY H ET AL % JAMES KING 77 1510 DOYLE DIRKS LUBERTIA 78 1512 DOYLE FIELDS HARON 79 1522 DOYLE BROOKS ENTERPRISE LLC 80 1526 DOYLE KIMBROUGH AURELIA 81 1530 DOYLE THOMPSON DONOVAN o82 439 AVE A LEWIS HAROLD o83 435 AVE A MEYER STEVE 84 431 AVE A DALLAS HOUSING ACQUISTION & DEVELOPMENT 85 423 AVE A ROBINSON ZHELIA WOOTEN 86 419 AVE A ROBINSON ZHELIA 87 415 AVE A CROOMES CECIL EST OF 88 201 CORINTH ST SDC SACHSE SENIOR VILLAS Thursday, April 09, 2009
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Label # Address Owner 89 409 AVE A SMITH JOSEPHINE ESTES 90 407 AVE A MCINTOSH WILHEMENA 91 401 AVE A BURTON LOIS 92 301 CORINTH ST CEDAR CREST CHURCH OF CHRIST 93 415 CORINTH SDC SACHSE SR VILLAS LLC 94 414 AVE A D REALTY INVESTMENTS INC 95 417 CORINTH CHANDLER DONALD S & GWENDOLYN M CHANDLER 96 422 AVE A GONZALEZ BENJAMIN 97 430 AVE A JACKSON MARVIN SUITE 212 98 434 AVE A WILLIAMS GENE E 99 438 AVE A RODRIGUEZ ELVIRA 100 424 CORINTH ST CHANDLER DONALD & GWENDOLYN M 101 200 FRAN LIBERTY BAPTIST CHURCH 102 6 CORINTH SDC SACHSE SENIOR VILLAS LLC STE 880 o103 191 CORINTH ST BALLAS VICTOR 104 1581 AVE B WILLIAMS N J 105 327 CORINTH ST BOLDEN CEDRIC 106 331 AVE A DALLAS HOUSING ACQUISITION & DEV CORP 107 327 AVE A CANAS JUAN & GLORIA 108 323 AVE A HIGGS J H & M LILLA % LESKER D HIGGS 109 319 AVE A MARTINEZ JOSE & PILAR 110 307 AVE A STEELE RODERIC M 111 303 AVE A CHEATHAM JAMES M & IDA B 112 1606 AVE B BROWN BOBBY LEE 113 1615 AVE B BROWN BOBBY 114 416 CORINTH ST HUITT LORRENA F 115 402 CORINTH ST HUITT LORRENA 116 316 CORINTH ST ENGLISH WANDA 117 1611 AVE B BROWN BOBBY L 118 302 CORINTH ST POUNDERS YVONNE 119 117 CORINTH MCDONALD D D
Thursday, April 09, 2009
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Label # Address Owner 120 1612 11TH DELAGARZA DAVID 121 224 CORINTH ST BLACKMAN JOHN B & BEVERLY A BLACKMAN o122 218 CORINTH ST MCDONALD BETTY SUE o123 1615 11TH MCCOMBS PHYLLIS R 124 4524 CLARENDON DALLAS AREA RAPID TRANSIT REAL ESTATE DIVISION 125 224 MOORE JB III INVESTMENTS INC 126 220 MOORE COLLINS WILLIAM 127 105 CORINTH ST CLARK L MARK SUITE B 128 109 CORINTH ST FIELDS KATHRYN 129 1526 CLARENDON CORINTH-CLARENDON ASSOC I LLC STE 100 130 1803 8TH DALLAS AREA RAPID TRANSIT 131 555 2ND DART Thursday, April 09, 2009
Authorize Supplemental Agreement No. 3 to the lease agreement with the Transportation Security Administration to extend the existing lease term by sixty months for office space at Dallas Love Field for the period October 1, 2009 through September 30, 2014 - Annual Revenue: $118,275
BACKGROUND
On December 11, 2002, the City Council approved Resolution No. 02-3503, which authorized the City Manager to enter into a five-year lease of approximately 7,171 square feet of office space in the terminal building at Dallas Love Field with the Transportation Security Administration (TSA). The lease was effective on April 1, 2003. The five-year lease term expired on March 31, 2008 and on June 25, 2008 the City Council approved Resolution No. 08-1755 which extended the term by 18 months to September 30, 2009 and added 714 square feet of office space in the terminal. The annual rent will increase from $61,619 to $118,275 based on the current prevailing annual rental rate of $15.00 per square foot.
The Love Field Modernization Program (LFMP) construction is scheduled to commence during the first year of the new term. During the construction period it will be necessary to relocate the TSA lease space in the terminal facility. Changes in tenant leasehold space caused by construction will be made by lease exhibit substitution, which will adjust the rent amount to reflect the actual space leased.
The existing lease contains a provision that, if at any time subsequent to the second year of the lease, the City of Dallas, through its Director of Aviation, determines the need to recall the main lobby space for an aviation related use, the City may terminate that portion of the lease with 60 days notice and the TSA will relocate their office space at no cost to the City. This item, if approved, will make all space under the lease subject to recall with sixty days notice.
Approved 1st and 2nd Amendments, by Resolution No. 08-1755, on June 25, 2008.
Approved original lease, by Resolution No. 02-3503, on December 11, 2002.
FISCAL INFORMATION
$118,275 - Annual Revenue
OWNERS
Transportation Security AdministrationDepartment of TransportationFederal Aviation Administration
MAP
Attached
DALLAS LOVE FIELD TERMINAL BUILDING
MAPSCO PAGE 34E
Love Field Terminal Building
COUNCIL CHAMBER
August 26, 2009
WHEREAS, since September 11, 2001, the Federal Government has mandated that the Transportation Security Administration (TSA) take over security of the nations airports; and,
WHEREAS, on April 1, 2003, the TSA entered into a five-year lease (“Lease”) for approximately 7,171 square feet of office space in the main terminal building at Dallas Love Field authorized by the Dallas City Council on December 11, 2002, Resolution No. 02-3503; and,
WHEREAS, on July 23, 2008, the TSA entered into Supplement Agreement No. 1 which extended the Lease term by eighteen months to September 30, 2009 at Dallas Love Field authorized by the Dallas City Council on June 25, 2008, Resolution No. 08-1755; and,
WHEREAS, on September 12, 2008, the TSA entered into a Supplement Agreement No. 2 which added 714 square feet of terminal building space to the Lease at Dallas Love Field authorized by the Dallas City Council on June 25, 2008, Resolution No. 08-1755; and,
WHEREAS, the City and the TSA now desire to enter into a Supplemental Agreement No. 3 to extend the Lease term by 60 months to September 30, 2014 at Dallas Love Field;
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:
Section 1. That the proposed Supplemental Agreement No. 3, is hereby approved and the City Manager is authorized to execute, on behalf of the City of Dallas, the Supplemental Agreement No. 3 after approval as to form by the City Attorney.
Section 2. That the Supplemental Agreement No. 3 shall contain the following:
(a) The Lease term shall be extended an additional sixty months to expire on September 30, 2014,
(b) Commencing October 1, 2009 annual rent shall increase to $118,275.00 which is based on the annual lease rate of $15.00 per square foot of leased space and commencing October 1, 2012 rent for all leased space shall increase based on the annual lease rate of $20.00 per square foot.
COUNCIL CHAMBER
August 26, 2009
(c) The Love Field Modernization Program (LFMP) construction is scheduled to commence in the fall of 2009. During the construction period it will be necessary to relocate the TSA lease space in the terminal facility. Changes in tenant leasehold space caused by construction will be made by lease exhibit substitution, which will adjust the rent amount to reflect the actual space leased.
(d) All lease space under the Lease shall be subject to recall by the City in accordance with Section B of the Lease.
Section 3. That the City Controller be and is hereby authorized to continue to deposit all revenues received under the Lease to: Aviation Operating Fund 0130; Dept. AVI; Unit 7725; Revenue Source 7814.
Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved.
Distribution: Dan Weber, Aviation Department, Dallas Love FieldTommy Poole, Aviation Department, Dallas Love FieldBrenda Hozak, Aviation Department, Dallas Love FieldBob Sims, City Attorney's Office, 7DN
