IrvingCC Agenda 2010-01-14

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JANUARY 14, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 01/14/2010 1

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11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, JANUARY 13, 2010 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st FloorCity Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

7:00 P.M. ------------------------------------------------------------Organizational Service Announcements

Invocation

Pastor Norris McGill, Antioch Christian Church

Pledge Of Allegiance

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 50

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ONTHE FOLLOWING DAY IN THE COUNCIL CHAMBER.

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services orassistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretarys Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.

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CITY COUNCIL AGENDA

1 City Managers Strategic Plan Update

CONSENT AGENDAItems 2 - 32

2 Approving Minutes for Wednesday, December 2, 2009

3 Approving Minutes for Thursday, December 3, 2009



6 Resolution -- Authorizing the Destruction of Obsolete Records in

Accordance with the City of Irvings Records Management PolicyAdministrative Comments

1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: Departments annually approve destruction of records whose legalretention has been met. This assures that all record destruction is in compliancewith the Records Management Plan.

3. Destruction is requested for 41 cubic feet of records for the City Secretarys Office.

Recommendation

The resolution be approved.

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7 Resolution -- Authorizing the Mayor to Accept the Texas State Library andArchives Loan Star Libraries Grant

Administrative Comments

1. This item supports Strategic Goal No. 7: Cultural, Recreational, and EducationalEnvironments.

2. Impact: This grant supplements the materials budget, library programs, staff traveland training, and purchase of equipment that was not funded.

3. The Loan Star Libraries Grant from the Texas State Library and ArchivesCommission is a direct state aid program for Texas public libraries. This is the ninthyear the Irving Public Library will receive funding from the program.

4. The Plan of Action for use of the grant funds was approved by the Library Board attheir September 14, 2009 meeting.

5. The grant amount of $94,405.00 is $22,445.00 more than last year.

6. The term of the grant runs from September 1, 2009 to August 31, 2010.

Recommendation


8 Resolution -- Authorize Suit Against National Reimbursement Services,Inc., and Texas Medical Data Services, Inc.


1. This item supports Strategic Goal No. 8: Sound Governance.2. Impact: Litigation is necessary to seek recovery of city funds which Texas Medical

Data Services, Inc. [TMDS] is delinquent in transmitting to the city.

3. TMDS had been providing emergency services billing and collection services to thecity since 1994. In the 2003 bid process, National Reimbursement Services, Inc.[NRS] joined TMDS and was awarded the annual contract, which was periodicallyextended.

4. In 2009, city requested proposals for emergency services billing and collectionservices. On April 23, 2009, the contract was awarded to Southwest GeneralServices of Dallas, LLC [SGS], effective June 1. With the selection of the new

vendor, the NRS/TMDS contract terminated May 31, 2009.5. While city staff and SGS have worked on the transition, NRS/TMDS has failed to

return billing records and city funds collected during the contract term and transition.

Recommendation


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9 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and Oncor Electric Delivery Company, LLC, for theUndergrounding of Overhead Electric Facilities on MacArthur BoulevardBetween Metker Street and Northgate Drive


1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,No. 3: Economic Development, and No. 9: Infrastructure.

2. Impact: The undergrounding of electric facilities on MacArthur Boulevard betweenMetker Street and Northgate Drive will provide for a more reliable power source ininclement weather, and will enhance visual appearance by eliminating overheadpower lines crossing the roadway.

3. This project is the first phase of the removal of wire crossings along the MacArthurcorridor.

4. Funding in the amount of $194,344.58 is available in the Street Improvement BondFund.

Recommendation


10 Resolution -- Awarding a Contract to F&F Concrete, LLC, for the GrauwylerHeights Alley Improvements, Section III Project


1. This item supports Strategic Goal No. 9: Infrastructure.

2. Impact: This project will improve the drainage of 35 residential properties in theGrauwyler Heights neighborhood.

3. The project includes the installation of approximately 1,300 square yards ofreinforced concrete pavement, 460 linear feet of 21 storm sewer pipe, and 530linear feet of 18 storm sewer pipe.

4. The lowest responsive and responsible bidder was F&F Concrete, LLC, in theamount of $139,617.10. An additional $1,396.90 is needed for testing, bringing thetotal cost of the project to $141,014.00.

5. Minority- and/or Women-owned Business (M/WBE) participation in this award is100%.

6. Funding in the amount of $141,014.00 is available in the Municipal Utility DrainageFund.

Recommendation


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11 Resolution -- Awarding a Contract to Jacobs Engineering Group, Inc., forStructural and Civil Engineering Design of All Pedestrian Bridges, LowFlow Pedestrian Crossings, and Elevated Boardwalks for the Remainder ofCampin Trails


1. This item supports Strategic Goal No. 7: Cultural, Recreation and EducationalEnvironments.

2. Impact: This contract will provide structural and civil engineering and aestheticsdesign for pedestrian bridges, low flow pedestrian crossings, and elevatedboardwalks for the remaining sections of Campin Trails.

3. Staff has negotiated a fair and reasonable agreement with Jacobs EngineeringGroup, Inc., for $255,400.00 and recommends approval.

4. The contract includes design of approximately twenty (20) pedestrian bridges or lowflow pedestrian crossing and one (1) mile of elevated boardwalk. The design meetsall regulatory standards.

5. Minority- and/or Women-owned Business (M/WBE) participation in this award is

33%.6. Funding in the amount of $255,400.00 is available in the Park Improvement Bond

Fund.

Recommendation


12 Resolution -- Authorizing the Submission of a Transportation

Enhancement Grant for the Construction of the TRE Hike and Bike Trail


1. This item supports Strategic Goal No. 9: Infrastructure.

2. Impact: Leverages the Capital Improvement Program funds for the completion ofthe TRE Hike / Bike Trail.

3. Reduces City of Irving funding requirements for this critical project.

4. No Funding is required until the grant is awarded and design / construction hascommenced.

RecommendationThe resolution be approved.

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13 Resolution -- Approving Addendum No. 1 to Supplemental AgreementBetween the City of Irving and Dallas County for the Meyers Road /MacArthur Boulevard Project


1. This item supports Strategic Goal No. 9: Infrastructure Network.

2. Impact: Participation with Dallas County allowed for the reconstruction of

MacArthur Boulevard, a major city corridor, from West Oakdale to Hunter Ferrell.3. On October 16, 2003, the City council approved the original agreement with Dallas

County for the Citys participation in an amount not to exceed $4,148,399.00.

4. During the course of construction, the city requested additional work be added tothe scope of the project. Construction has now been completed and the additionalamount owed by the city for this work is $172,488.47.

5. Funding in the amount of $172,488.47 is available in the Water and Sewer SystemNon-Bond CIP Fund.

Recommendation


14 Resolution -- Approving a Memorandum of Agreement Between the City ofIrving and the Texas Department of Transportation for the Sale of Right-Of-Way on Property Located at 2401 East John Carpenter Freeway for theDiamond Interchange, Phase II Project


1. This item supports Strategic Goal No. 9: Infrastructure Network.2. Impact: This Memorandum of Agreement will accommodate the construction of

Phase II of the Diamond Interchange Project by the Texas Department ofTransportation (TxDOT).

3. TxDOTs reconstruction of State Highway 114 requires the acquisition of 1.3961acres of right-of-way described as Parcel 32. The right-of-way is being acquiredfrom the 5.37 acre tract of land that the city obtained as a part of the transition ofTexas Stadium to the city. The strip of right-of-way is approximately 50-feet wideacross the entire frontage of the property.

4. TxDOT commissioned an appraisal to establish the just compensation due to the

property owner for acquisition of Parcel 32. The 1.3961 acres of right-of-way wasvalued at $8.00/square foot, or $486,536.00. The improvements within the takearea consisted of various guardrail, fencing, and gates valued at $13,737.00.Additionally, severance damages totaled $8,122.00.

5. Total compensation to the city as determined by the appraisal is $508,395.00

Recommendation


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15 Resolution -- Approving Engineering Services Agreement with AlanPlummer Associates, Inc., to Develop, Design, and ImplementDemonstration Projects to Serve Reuse Water to Twin Wells Golf Courseand Trinity View Park

Administrative Comments1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.

2. Impact: This agreement provides services required to design two water reuseprojects and obtain state permitting so that Irving can begin utilizing recycled LakeChapman water obtained through an agreement with the Trinity River Authority.

3. The two projects include pipelines and a small pump station to transfer reuse waterto the Twin Wells Golf Course and to the Trinity View Park where it will be used forirrigation.

4. The agreement also includes assistance in obtaining a Chapter 210 authorizationfrom the TCEQ to begin selling reuse water and assistance in developing reusewater policies and procedures.

5. Minority and/or Women-owned Business (M/WBE) participation on this award is20.3%.

6. Funding in the amount of $255,507.00 is available in the Water and Sewer SystemFund.

Recommendation


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16 Resolution -- Approving Personal Services Agreement with QEI, Inc., forthe Supervisory Control and Data Acquisition (SCADA) System Upgrade



2. Impact: This contract improves operational reliability by replacing and upgradingboth of the SCADA systems that remotely operate and monitor thewater/sewer/storm drainage systems and the raw water transfer system (LakeChapman Pipeline).

3. Water Utilities uses a SCADA system to monitor and control the operations ofpumps, tanks, valves and other equipment within the water, sewer, storm drainageand raw water systems. Each SCADA System includes software, hardware, fielddevices, and communications equipment.

4. Water Utilities currently maintains two SCADA systems with two different softwarepackages. The current SCADA system used to monitor and control the waterdistribution system is becoming less reliable and crashes frequently causing staff to

temporarily lose communication with and control of facilities. This agreement willreplace the two existing SCADA systems and consolidate the number of softwarepackages maintained from two to one.

5. City staff administered a Request for Competitive Sealed Proposal, RFCSP Number246M-09F, to select a firm to perform the SCADA System Upgrade. Two RFCSPresponses were received and reviewed by a panel including staff from both theWater Utilities and Information Technology departments. After evaluating theresponses and interviewing both firms, the response submitted by QEI, Inc., bestfits the needs of this project and the criteria established in the RFCSP.

6. The project team assembled by QEI, Inc., is highly qualified, and has much

experience in performing projects similar to this one. They are very familiar withIrvings SCADA systems and have successfully upgraded system components forIrving in the past.

7. The Technology Steering Committee previously approved this project.

8. Funding in the amount of $798,284.00 is available in the Water and Sewer SystemNon-Bond CIP Fund.

Recommendation


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17 Resolution -- Approving the City of Irvings Membership and Participationin ICLEI - Local Governments for Sustainability and Authorizing the Mayorto Act on Behalf of the City in Order to Demonstrate and Affirm theCommunitys Commitment to Climate Protection Work


1. This item supports Strategic Goal No. 10: Environmental Sustainability.

2. Impact: Approval of this resolution will provide a one year membership to ICLEI Local Governments for Sustainability, a local government association that assistsmunicipalities in implementing smart energy solutions that reduce global warmingemissions.

3. This item is part of the 2009-2010 Strategic Plan.

4. Support provided by ICLEI will help to bring sustainable solutions to the local level,establish guidelines for municipal operations and showcase energy efficientsolutions for others to model.

5. Staff will partner with Irvings Green Advisory Committee to perform the tasksassociated with this membership.

6. Funding in the amount of $1,125.00 is available in the Intergovernmental ServicesFund and $1,125.00 is available in the General Fund.

Recommendation


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Bids & Purchasing ItemsItem 18 - 30

18 Resolution -- Approving the Second Amendment to the AgreementBetween the City of Irving and NEC Corporation of America for theMaintenance of the Automated Fingerprinting Identification System (AFIS)


1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. This item has been recommended by Information Technology and it is aMaintenance/Support Task approved by the Technology Review Committee.

3. Impact: The maintenance of the Citys AFIS hardware and software allows IrvingPolice Crime Scene Investigators to continue to capture, store, and compare latentfingerprint and palm prints with the State of Texas, as well as with other agencies.

4. While this annual maintenance agreement expired April 30, 2009, the vendorcontinued to provide coverage on a month-to-month basis until the State of Texascompleted their upgrade of the States AFIS. The completed upgrade nowsearches and stores palm prints. These upgrades are now complete and this

second amendment changes the effective date of the annual maintenanceagreement to begin October 1, 2009, with four additional one-year renewal options.

5. Funding in the net amount of $6,936.00 for the period of October 1, 2009, throughSeptember 30, 2010, is available in the General Fund.

Recommendation


19 Resolution -- Approving the Single Source Purchase from Physio-Control,Inc., for LifePak 15 Defibrillator Units


1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. This item has been recommended by Fire.

3. Impact: The purchase of these monitors/defibrillator units with enhanced featureswill enable paramedics to provide the highest quality patient care.

4. This purchase upgrades the quality of front line monitors/defibrillators with the

LifePak 15 model which is now waterproof and includes features such as betterdurability, enhanced display for viewing in sunlight and the ability to continuouslymonitor carbon monoxide levels in patients.

5. Funding in the net amount of $246,387.20 is available in the Non-Bond CIP Fund.

Recommendation


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20 Resolution -- Approving and Accepting the Best Value Bid of Irving RedWing Shoe Store, Inc., for Work Boots for Field Employees


1. This item supports Strategic Goal No 8: Sound Governance.

2. This item has been recommended by Financial Services Risk Management.

3. Impact: Field employees will have quality, standardized work boots that will

increase both productivity and safety.4. This award establishes an annual contract for providing work boots for field

employees.

5. Funding in the net estimated amount of $62,785.66 for the period of January 15,2010, through September 30, 2010, and in the net estimated amount of $62,785.66for the period of October 1, 2010, through September 30, 2011, is available inVarious Funds, subject to funds being appropriated in Fiscal Year 2010-11.

Recommendation


21 Resolution -- Approving Award of a Hardware Maintenance Agreement toInterNetwork Experts (INX) for CISCO SmartNet Equipment through theState of Texas Department of Resources (DIR) Program



2. This item has been recommended by Information Technology and it is aMaintenance/Support Task approved by the Technology Review Committee.

3. Impact: This maintenance agreement will continue to provide the necessarysupport for all the Citys communication systems to run at optimal performance.

4. This agreement is a continuation of the maintenance of the Citys network hardwarethat supports all of the Citys communication systems for the workstations,telephone, traffic management, and radio communications.

5. Funding in the net amount of $72,940.70 for the period of January 1, 2010, throughDecember 31, 2010, in the net estimated amount of $100,000.00 for the period ofJanuary 1, 2011, through December 31, 2011, and in the net estimated amount of

$100,000.00 for the period of January 1, 2012, through December 31, 2012, subjectto funds being appropriated in Fiscal Years 2010-11 and 2011-12.

Recommendation


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22 Resolution -- Approving the Single Source Purchase from Aqua-MetricSales Company for Permalog Plus Leak Detection Equipment


1. This item supports Strategic Goals No. 9: Infrastructure Network and No. 10:Environmentally Sustainable Community.

2. This item has been recommended by Water Utilities.

3. Impact: Building the inventory of leak detection equipment will allow the City torepair and sustain the water system and improve revenues by reducing water loss.In addition to preventing costly water loss, the leak detection equipment helps todetect hazardous leaks that might otherwise go undetected.

4. This purchase is in addition to leak detection equipment that was purchased inNovember 2008.

5. Funding in the net amount of $66,000.00 is available in the Water and SewerSystem Fund.

Recommendation


23 Resolution -- Renewing the Annual Contract with Municipal Water WorksSupply, L.P., and Metro Valve & Pipe for Couplings, Clamps and ServiceSaddles




3. Impact: These items enable the Water Utilities staff to efficiently repair andmaintain water mains and continue efficient water distribution to residents andbusinesses.

4. This renewal establishes the continuation of annual contracts to provide couplings,clamps and service saddles. The original contract was awarded on the basis ofcompetitive bids.

5. Funding in the net estimated amount of $90,610.25 for the period of February 1,2010, through September 30, 2010, and in the net estimated amount of $45,305.13for the period of October 1, 2010, through January 31, 2011, is available in theWater and Sewer System Fund, subject to funds being appropriated in Fiscal Year

2010-11.

Vendor Item(s)FY09-10Est. Exp.

FY10-11Est. Exp.

Total AnnualEst. Exp.

Municipal Water Works Supply, L.P. 1-5 & 8 $82,741.70 $41,370.86 $124,112.56Metro Valve & Pipe 6, 7 $ 7,868.55 $ 3,934.27 $ 11,802.82

Total Estimated Amount $90,610.25 $45,305.13 $135,915.38

Recommendation


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24 Resolution -- Approving and Accepting the Bids of Municipal Water WorksSupply L.P., Eagle Underground Utility Supply Inc., dba Mainline SupplyCompany, North Star Underground Utility Co LLC, Ferguson Waterworks,and Morrison Supply Company, L.P., for Annual Contracts to Supply BrassFittings




3. Impact: These items enable Water Utilities staff to properly maintain and repair thewater system throughout the City.

4. This award establishes annual contracts for the continuation of providing brassfittings.

5. Funding in the net estimated amount of $89,336.67 for the period of January 14,2010, through September 30, 2010, and in the net estimated amount of $29,778.89for the period of October 1, 2010, through December 31, 2010, is available in theWater and Sewer System Fund, subject to funds being appropriated in Fiscal Year

2010-11.

Vendor Groups(s)FY09-10Est. Exp.

FY10-11Est. Exp.

Total AnnualEst. Exp.

Municipal Water Works Supply, L.P. I, IV, VII, & XIII $24,318.06 $8,106.02 $32,424.08Eagle Underground Utility Supply Inc.dba Mainline Supply Company

II, VI, VIII, X,XI $26,004.04 $8,668.01 $34,672.05

North Star Underground Utility Co LLC III $ 8,326.50 $2,775.50 $11,102.00Ferguson Waterworks V, XII $ 2,586.47 $ 862.16 $ 3,448.63Morrison Supply Company, L.P. IX $28,101.60 $9,367.20 $37,468.80

Total Estimated Amount $89,336.67 $29,778.89 $119,115.56

Recommendation


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25 Resolution -- Approving the Purchase from Sam Packs Five Star Ford forThree Trucks through the Tarrant County Interlocal CooperativePurchasing Program


1. This item supports Strategic Goals No. 7: Cultural, Recreational, and Educational

Environments and No. 10: Environmentally Sustainable Community.2. This item has been recommended by Parks and Building Services and approved by

Intergovernmental Services Fleet Services.

3. Impact: These upgraded vehicles will be used to maintain City-owned properties,gateways, and corridors, and will improve performance, reduce energy costs, andresult in cleaner air.

4. These are budgeted replacements for one 1998 and two 2000 pickups, City TagsNo. 07094, No. 07107, and No. 07105, which are being retired in accordance withthe Citys equipment replacement policy.

5. Funding in the net amount of $84,649.00 is available in the Equipment

Replacement Fund.

Recommendation


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26 Resolution -- Approving the Purchase from Philpott Motors for Two FordEscape Hybrid Sports Utility Vehicles through the State of Texas LocalGovernment Statewide Cooperative Purchasing Program Administered bythe Texas Association of School Boards (the BuyBoard Program)


1. This item supports Strategic Goals No. 9: Infrastructure Network and No. 10:Environmentally Sustainable Community.

2. This item has been recommended by Water Utilities and CIP Team, and approvedby Intergovernmental Services Fleet Services.

3. Impact: These two replacement vehicles will improve performance, reduce energycosts, and result in cleaner air.

4. One vehicle will be used by the Utility Franchise Coordinator and one vehicle will beused by Water Utilities Facility and Security Coordinator and as needed by WaterUtilities Administration.

5. One vehicle replaces a 2000 Chevrolet Astro Cargo Van, City Tag No. 32114, andone vehicle replaces a 2000 Ford Explorer, City Tag No. 41003, which are beingretired in accordance with the Citys equipment replacement policy.

6. Funding in the net amount of $59,708.00 is available in the EquipmentReplacement Fund.

Recommendation


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28 Resolution -- Approving and Accepting the Best Value Bid of IrvtexAutomotive Sales II LP (Westway Ford), for the Annual Contract to ProvideRepair Services and Body Work for Ford Vehicles



2. This item has been recommended by Intergovernmental Services Fleet.

3. Impact: This contract will ensure the Citys 400 Ford vehicles continue to berepaired efficiently with minimal downtime.

4. This award establishes an annual contract for the continuation of providing both inand out of warranty service repairs and body work for Ford vehicles.

5. Funding in the net estimated amount of $67,000.00 for the period of February 1,2010, through September 30, 2010, and in the net estimated amount of $33,000.00for the period of October 1, 2010, through January 31, 2011, is available in theGarage Fund, subject to funds being appropriated in Fiscal Year 2010-11.

Recommendation


29 Resolution -- Approving and Accepting the Best Value Bid of Sonic - FrankParra Autoplex LP, for the Annual Contract to Provide Repair Services andBody Work for Dodge Vehicles



2. This item has been recommended by Intergovernmental Services Fleet.

3. Impact: This contract will ensure the Citys 100 Dodge Police Chargers and fourJeeps continue to be repaired efficiently with minimal downtime.

4. This award establishes an annual contract for the continuation of providing both inand out of warranty service repairs and body work for Dodge vehicles.

5. Funding in the net estimated amount of $50,000.00 for the period of February 1,2010, through September 30, 2010, and in the net estimated amount of $25,000.00

for the period of October 1, 2010, through January 31, 2011, is available in theGarage Fund, subject to funds being appropriated in Fiscal Year 2010-11.

Recommendation


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32 Ordinance -- Amending Section 21-88 of Chapter 21 of the Code of Civiland Criminal Ordinances of the City of Irving, Texas, to Repeal ExpiredConstruction Speed Zones and to Provide Speed Regulations for StateHighway 114; Providing a Penalty; and Providing a Severability Clause.


1. This item supports Strategic Goal No. 9: Infrastructure

2. Impact: The approval of appropriate speed limits in construction zones enhancesthe safety of the motoring public, and allows effective enforcement.

3. The existing ordinance contains different speed limits than is required during theconstruction period.

4. This ordinance clarifies the regulation, removes any potential conflicts, andestablishes safe, effective regulation of speed in the construction zone and in thecompleted facility.

Recommendation

The ordinance be adopted.

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INDIVIDUAL CONSIDERATION

33 Ordinance -- First Reading - Amending Chapter 52 Entitled "Water andSewer Rates" of the Code of Civil and Criminal Ordinances of the City ofIrving, Texas, Providing for New Monthly Water and Sewer Rates;

Providing for a New Maximum Monthly Service Charge; Providing anEffective Date; and Providing a Severability Clause



2. Impact: The projected revenue collection under proposed rates will provide enoughto fund projected revenue requirements, including operating expenses and debtservice payments.

3. A cost of service study is prepared annually to ensure that funding is available tomeet the cash flow needs of the Water and Sewer System Fund and associatedfunds and produce the required bond coverage factor to allow for the issuance ofadditional bonds and maintain current bond ratings.

4. As a result of elevated rainfall thus far this fiscal year, projections indicate that wewill not have sufficient cash balances at the end of the fiscal year to meet cashrequirements. Projections further indicate that operating revenue will be belowbudget resulting in our not meeting average and maximum debt coverage goals of1.75% and 1.50% respectively. In order to mitigate this situation and meetcommitments made to rating agencies, staff recommends a 5% adjustment to bothwater and sewer rates. Without such adjustments, the general fund will again beforced to support the water and sewer system fund at a time when this is notfeasible.

Recommendation


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34 Ordinance -- First Reading - Amending Section 34A-180 of Chapter 34AEntitled "Right-Of-Way Management" of the Code of Civil and CriminalOrdinances of the City of Irving, Texas, Providing for Franchise Fees onWater, Sanitary Sewer, and Refuse Pickup Service; Providing an EffectiveDate; and Providing a Severability Clause.

Administrative Comments1. This item supports Strategic Goal No. 8: Sound Governance.

2. Impact: A 2% increase in the franchise fee will be below or equal to comparablefranchise fees charged by benchmark cities. The additional revenue is necessaryto fund needed infrastructure replacements.

3. Additional revenue generated by this ordinance will be dedicated to the repair andreplacement of neighborhood streets, sidewalks, and drainage disrupted by therepair and replacement of water and sewer lines.

Recommendation


ZONING CASES AND COMPANION ITEMS

35 Resolution -- Approving Final Plat - The Lakes of Las Colinas, Phase 1 -Approximately 94.25 Acres Located at Las Colinas Boulevard andRiverside Drive - Hines Las Colinas Land, LP, Owner/Applicant


1. This item supports Strategic Goal No. 1: Land Use.

2. Planning and Zoning Commission Hearing Date and Recommendation:December 21, 2009 Technical Denial, 8-0 (Commissioner LaRose, absent).

3. The applicant is requesting to replat Lots 1X and 9-18, Block A, Lots 1-8X, Block L,and Lots 8X and 8-16, Block H to accommodate design modifications of the levee.

4. The following exception to the Subdivision Ordinance requires this case to beforwarded to the City Council for action:

Section 35-25 of the Subdivision Ordinance requires private streets to beapproved by the City Council. All the internal streets in this subdivision are

private.5. The plat complies with all other requirements of the Subdivision Ordinance.

6. Public notices were sent to eight (8) property owners, with no letters in support oropposition received.

Recommendation



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36 Resolution -- Approving Special Sign Permit No. S0908-0022 to RemoveExisting Pole Sign and Install a 12 Foot Tall X 7 Foot Wide Monument Signwith LED - Located at 1311 West Irving Boulevard - Robert Power,Applicant/Owner



2. Impact: This special sign permit will enhance the signage on Irving Boulevard andimprove the aesthetics of the City of Irving.

3. The applicant requests approval to install a digital sign which is prohibited bySection 7-4(21) of the City of Irving Land Development Code.

4. The applicant requests to replace the existing pole sign with a 12-foot tallmonument sign, which would also require a 3-foot variance from Section 7-3 (7),restricting monument signs to a maximum height of 9 feet with performance-basedenhancements.

5. Section 7-3.1 of the Land Development Code authorizes the City Council to grant aspecial sign permit for digital signs. Section 7-22 of the Land Development Code

authorizes the City Council to grant a variance to the height regulations.6. Staff can support the request.

Recommendation


37 Ordinance -- Zoning Case #ZC08-0043 - Granting S-P-1 (Detailed Site Plan)for R-AB (Restaurant with Alcoholic Beverage Sales) - Approximately 4,

641 Square Feet Located at 5435 North MacArthur Boulevard - Hari K.Sankararaju, Applicant - Today Realty Advisor, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation:December 7, 2009 Favorable (9-0).

3. The applicant is requesting to rezone the property to remodel the interior floor planof an existing restaurant and to add an outdoor seating area.

4. The Comprehensive Plan recommends Retailuses for this property. This request isin conformance with the Comprehensive Plan.

5. On March 1, 1984, the City Council approved Ordinance No. 4369 granting S-P-1for R-AB zoning for the China Terrace restaurant. The existing Indya Fusionrestaurant took over this location in 2009. The applicant is now wishing to rezonethe property to renovate the existing restaurant for the proposed Desi Dhaba &Puff-N-Pastry restaurant and to add outdoor seating.


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39 Ordinance -- Comprehensive Plan Amendment #ZC09-0057 - Amending theComprehensive Plan to Change the Recommended Land Use from "Retail"to "Low Density Residential" Uses - Approximately 23.8 Acres LocatedNorth of Home Depot Drive, Between Ranch Trail and Market PlaceBoulevard - Hines Las Colinas Land, LP, Applicant - Ranch Trail Partners,LP, Owner (Postponed at the December 3, 2009 City Council Meeting)



2. Planning and Zoning Commission Hearing Date and Recommendation:November 16, 2009, Favorable 8-0 (Commissioner Fischer, absent)

3. The applicant is requesting to amend the Comprehensive Plan to low densityresidential uses as a companion item to Zoning Case #ZC09-0057.

4. The Comprehensive Plans Future Land Use map recommends Retailuses for thisproperty. This request is to amend the plan to Low Density Residentialuses as acompanion item to Zoning Case #ZC09-0057.

5. The property is currently vacant and has never been used for Retail as is

recommended by the Future Land Use Map.

6. The 2008 Comprehensive Plan states that, should an area that is designated and/ordeveloped as non-residential desire to transition to a residential use, the followingshould be required: 1) The area should be physically appropriate (i.e., size, shape,etc.) for residential use; 2) The area is an extension of a residential neighborhoodshown on the Generalized Future Land Use Map and is not separated from theneighborhood by a major thoroughfare; 3) The rezoning would not result in ashortage of land designated for non-residential development; and 4) The proposedrezoning is not for traditional multi-family development. The requested amendmentmeets these four criteria.

7. The companion request for rezoning to an S-P-2 for Single Family Residential userequires the Future Land Use Map to be amended. The City Council cannotapprove a zoning change that is not consistent with the Comprehensive Plan.

Recommendation

The ordinance be adopted per the recommendation of the Planning and ZoningCommission.

40 Ordinance -- Zoning Case #ZC09-0057 - Granting S-P-2 (Generalized SitePlan) for R-6 (Single Family) District Uses - Approximately 23.8 AcresLocated North of Home Depot Drive Between Ranch Trail and Market PlaceBoulevard - Hines Las Colinas Land, LP, Applicant - Ranch Trail Partners,LP Owner (Postponed at the December 3, 2009 City Council Meeting)




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2. Planning and Zoning Commission Hearing Date and Recommendation:November 16, 2009, Favorable, 8-0 (Commissioner Fischer, absent).

3. The applicant is requesting to amend the Comprehensive Plan to Low DensityResidential uses and to rezone the property for single family residential uses.

4. The property is currently vacant. The applicant is proposing to rezone the propertyfrom the C-C (Community Commercial) district and develop the site with a newsingle family development.

5. The applicant is proposing to construct ninety-two (92) single family homes withnine common area/open space lots with the following modifications to the R-6(Single Family) district:

Required Provided

Front Yard Setback 25 feet 20 feet

Side Yard Setback onCorner Lots

20 feet 10 feet

Required ProvidedLand Area Per DwellingUnit

6,000 square feet 5,500 square feet

Maximum Lot CoverageBy Principal Building

40 percent 55 percent

Height of PrincipalStructure

2 stories or 25 feet 2.5 stories or 35 feet

These modifications match the provisions approved for the adjacent EmeraldValley Development.

6. The following notes have been added to the site plan in addition to the Citysstandard notes:

2,000 square foot minimum dwelling unit size.

Each dwelling unit shall have a minimum 2-car garage.

All landscaped and turf areas shall be irrigated with a fully automated sprinklersystem.

The exposed exterior wall area of each house, exclusive of doors, windows and

covered porch areas, shall be at least 75% masonry, masonry veneer, hardieplank, or other low maintenance material approved by the architectural controlcommittee of the Las Colinas Association.

Nine lots will be owned and maintained by a Home Owners Association as openspace, landscaping and screening.

Wood shall be prohibited as a siding material.

The garages may not be converted into living spaces.

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The existing screening wall along the east property line to remain. No screeningwall along east property line shall be constructed with this development.

The screening wall shall be 100% masonry and a minimum of 6 feet in height.

The face of the garage door shall be a minimum of 20 feet from the rear lot line.

7. All other requirements of the R-6 district will be met. Platting will be required priorto development.

8. Public notices were sent to twenty-eight (28) property owners, with eighteen (18)letters in support and none in opposition received.

Recommendation

The ordinance be adopted per the recommendation of the Planning and Zoning

Commission.

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41 Ordinance -- Zoning Case #ZC09-0061 - Granting S-P-2 (Generalized SitePlan) for P-O (Professional Office) District Uses - Approximately 2.9 AcresLocated at 204 East Airport Freeway - Healthspace JVI, LLC, Applicant -Argonaut Holdings, Inc., Owner (Postponed at the December 3, 2009 CityCouncil Meeting)

Administrative Comments1. This item supports Strategic Goal No. 1: Land Use.

2. Planning and Zoning Commission Hearing Date and Recommendation: December21, 2009 - Postpone indefinitely, 8-0 (Commissioner LaRose, absent).

3. The applicant is requesting to rezone the property for medical offices and serviceuses.

4. The property is currently developed with a 15,659 square foot single story buildingpreviously used for an automobile sales lot. The applicant is wishing to rezone theproperty to renovate the existing building for medical offices and services.

5. On November 16, 2009, the applicant requested that this case be postponed by thePlanning and Zoning Commission to December 7, 2009. On December 7, 2009, theapplicant requested a further postponement to December 21, 2009. On December18, 2009, the applicant requested an indefinite postponement.

6. Public notices were sent to thirteen (13) property owners, with no letters in supportor opposition received.

Recommendation

Postpone Indefinitely.


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42 Ordinance -- Zoning Case #ZC09-0063 - Granting S-P-2 (Generalized SitePlan) for R-6 (Single Family) and Cemetery Related Uses - Approximately26.56 Acres Located at 1413 East Irving Boulevard - Oak Grove MemorialGardens, Applicant/Owner



2. Planning and Zoning Commission Hearing Date and Recommendation:December 21, 2009 Favorable, 8-0 (Commissioner LaRose, absent).

3. The applicant is requesting to rezone the property for cemetery and related usesonly.

4. The Comprehensive Plan recommends Public/Semi-Public and Low DensityResidential uses for this property. This request is in conformance with theComprehensive Plan.

5. The property is currently developed with the Oak Grove Memorial Gardens

cemetery. The applicant is wishing to rezone the property to incorporate all of thecemetery-owned property under the same zoning, and incorporate four additionallots along Perry Road for cemetery uses.

6. Notes on the site plan restrict the property to cemetery and related uses only, andrestricts access from Perry Road to maintenance, delivery and emergency serviceonly.

7. Wrought iron or masonry fences shall be provided no closer than five feet from theright-of-way along both Irving Boulevard and Perry Road. Either wood or chain-linkfencing with natural plant screening will be provided along all other perimeterproperty lines. Setbacks shall comply with the R-6 zoning district, except Lot 1,Block 1, Oak Grove Maintenance Addition, which shall comply as detailed on thesite plan.

8. Public notices were sent to 111 property owners, with no letters in support oropposition received.

Recommendation



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43 Ordinance -- Zoning Case #ZC09-0065 - Granting S-P-1 (Detailed Site Plan)for Monument Sign - Approximately 29 Square Feet Located at 1135Kinwest Parkway - Cargo Eye Care of Las Colinas, Applicant - HackberryOffice II, HOA, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: December21, 2009, Favorable, 8-0 (Commissioner LaRose, absent).

3. The Comprehensive Plans Future Land Use Map recommends Officeuses for thisproperty. This request is in conformance with the Comprehensive Plan.

4. This lot is developed with an office condominium complex. An existing monumentsign services the tenants of two of the office buildings. The applicant is requestingto construct a second monument sign to serve the tenants of two other buildings.

5. The sign ordinance allows only one sign every 300 feet on one lot. The applicant isproposing the second monument sign to be 151 feet from the existing sign on this

lot, for the additional tenants to be placed.

6. The applicant has provided elevations of a monument sign 72 high and 7 longsign, and 2 wide. The monument will be constructed with brick and stone to matchthe buildings and will have space for four tenants on dark bronze aluminum panelswith white vinyl copy.

7. Since the sign is similar to the building and the existing sign, and does not cause avisibility problem, staff has no objection to the request.

8. The sign design has been approved by the Las Colinas Association.

9. Public notices were sent to fifteen (15) property owners, with four (4) letters insupport received and none in opposition.

Recommendation


44 Ordinance -- Zoning Case #ZC09-0067 - Granting S-P-2 (Generalized SitePlan) for ML-20 (Light Industrial) and Aircraft Engine Assembly andDisassembly Uses - Approximately 2.96 Acres Located at 4965 HansonRoad - BP Aerospace, LLC, Applicant - Griffith Development, Inc., Owner




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2. Planning and Zoning Commission Hearing Date and Recommendation: December21, 2009, Favorable, 8-0 (Commissioner LaRose, absent).

3. The applicant is requesting rezoning to allow aircraft engine assembly,disassembly, and repair in an enclosed building.

4. The Comprehensive Plan recommends Office/Technology/Warehousing uses forthis property. The proposed uses are in conformance with the Comprehensive Plan.

5. The property is located in the Airport/State Highway 161 Corridor Overlay District,which does not allow aircraft repair service as a permitted use.

6. The proposed site plan would bring the entire site into the same zoningclassification, and would allow aircraft engine assembly, disassembly, and repair asa permitted use. Additionally, the proposed site plan would require all work to beindoors, limit the outside storage to no more than 50 percent of the site, prohibit theproperty from being subleased for outside storage, and prohibit salvage and scrapmetal operations.

7. The site plan also requires the addition of brick veneer as an accent material to thefront of the building, as well as awnings over the front doors and windows, andthree additional trees (ten trees total) in the front building setback.

8. Public notices were sent to nine (9) property owners, with one (1) responsereceived in support and none in opposition.

Recommendation


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APPOINTMENTS AND REPORTS

45 Resolution -- Appointing an Acting City Secretary and Authorizing theMayor to Sign an Employment Contract for Same Upon the Retirement ofJanice Carroll



2. Impact: The City Secretary plays an important role in municipal governance; alongwith specific duties outlined in the City Charter.

3. City Secretary Janice Carroll will be retired at the end of January after almost 15years with the City of Irving.

4. The City Council held a special meeting on December 17, 2009, to interviewpotential replacements.

Recommendation


46 Resolution -- Appointments to Boards, Commissions, and Committees, toFill Two Year Terms Expiring November 2011, and Various UnexpiredTerms for the Following: Advisory Committee on Disabilities andConstruction Board of Appeals



2. Impact: Appointment of Irving residents to boards, commissions, and committeesassures that our residents have a voice in city government.

3. On December 3, 2009, City Council approved the addition of two more members tothe Advisory Committee on Disabilities, bringing the total number of members toeleven.

4. The Construction Board of Appeals has one vacancy and the statute requires thatthis position be an architect.

5. These positions represent the remainder of vacancies on the city boards.

Recommendation


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47 Resolution -- Appointments to the Irving Flood Control District Section I toFill Three Two-Year Terms Expiring January 2012



2. Impact: This board is responsible for maintaining and improving the flood controlprogram for Section I.

3. The board members must own taxable land within the district.Recommendation


48 Resolution -- Appointments to the Irving Flood Control District Section IIIto Fill Two Two-Year Terms Expiring January 2012 and One UnexpiredTerm Expiring January 2011



2. Impact: The board is responsible for maintaining flood control programs in SectionIII (Valley Ranch area).

3. The board members must own taxable land within the district.

Recommendation


49 Mayors Report

50 Adjournment

Citizens Forum

Citizens are invited to speak for three (3) minutes on matters relating to Citygovernment and on items not listed on the regular agenda.

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IrvingCC Agenda 2010-01-14

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