IrvingCC Packet 2010-06-24

8/9/2019 IrvingCC Packet 2010-06-24

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JUNE 24, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS~

11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, June 23, 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 Floor

City Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

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

Invocation

Pastor Isnel Castro, House of God Ministries

Pledge Of Allegiance

Proclamations And Announcements

Swearing in Ceremony and Reception

Announcements And Recognitions

Public Hearing: Items 1 through 26

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON


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CITY COUNCIL AGENDA

1 Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal YearBudget

Administrative Comments

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

2. In accordance with the Fiscal Year 2010-2011 Budget Calendar, a public hearinghas been scheduled for the June 24, 2010 Regular Council meeting to receiveinput. This is the third and final notice to be posted.

3. The notice of the hearing has been published in the legal section of the Irving

Rambler, and the Corporate Communications Department has released this noticeto the local media.

Recommendation

Input be taken under advisement.

2 City Managers Strategic Plan Update

CONSENT AGENDA

3. Approving Minutes for Wednesday, June 09, 2010

4. Approving Minutes for Thursday, June 10, 2010

5 Resolution -- Approving Approximately 1.43 Acre Tract Located in the 1700Block of Sunnybrook Drive, to be Designated as Public Open Space forMunicipal Uses


1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.

2. Impact: A portion of the land located at the 1700 block of Sunnybrook Drive (1727and 1731) was used for a drainage capital improvement project to improve thestorm water drainage system along Delaware Creek.

3. The project is now complete and the remainder of the real property, 1.43 acre tractis no longer needed for drainage improvement purposes.

4 The public use designation on this property will enhance the walkability and


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6 Resolution -- Authorizing the Submission of an Application for a PermitAmendment Relating to the Hunter Ferrell Landfill


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

2. Impact: This permit amendment will allow for expansion of the Hunter FerrellLandfill into the middle tract expanding the current life expectancy of the landfill to75 remaining years.

3. The last permit amendment was in June of 1992 to incorporate new regulations.

4. No funding is required for filing this application (there is a filing fee of $150.00).

Recommendation

The resolution be approved.

7 Resolution -- Authorizing the Submission of an Application to the TexasForest Service for a Grant of $10,000 from Urban Forestry PartnershipGrant Program Which Will Provide Funding for Tree Assessment onMedians and Rights of Way, and If Awarded, Authorizing the Mayor toExecute a Grant Agreement


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

2. Impact: The approval and acceptance of the grant will provide funding for theassessment of trees on COI Medians and Rights of Way which will contribute to the

enhancement of major corridors throughout Irving.

3. Through the funding the Texas Forest Service will provide a contractor containingtwo certified arborists to inventory 4,000 trees and identify the location of hazardoustrees for removal, as well as the need to replace or install new trees.

4. Inventory results will assist in developing a maintenance and management plan forthe future as required by our Tree City USA commitment.

5. The focus of the inventory of trees on our Medians and Rights of Way will alsocontribute to the Citys Vision and Mission of being a model city with safe andbeautiful neighborhoods, and the promotion of a higher quality of life for residents,visitors and business.

6. Funding in the amount of $20,000.00 is available in the Miscellaneous SpecialNeeds Account.


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8 Resolution -- Approving a Professional Services Agreement with GideonToal to Provide Consultant Services Within Tax Increment ReinvestmentZone No. 1


1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: Authorizing economic development incentives and amending the financingplan to reflect actual costs are important improvements that add to the effectivenessin TIF No. 1.

3. The study delivered by Gideon Toal in 2009 identified important opportunities forTIF No. 1.

4. The technical scope of work in this specialized area includes: Preparation ofnecessary documents to amend the project and financing plan in TIF No. 1 incompliance with state statutory and intergovernmental contractual requirements.

5. The scope of work also includes presentations to the Irving ISD and Carrollton-Farmers Branch ISD Boards; presentation to the City of Irving TIF Board and CityCouncil.

6. Funding for these services are available in the TIF Fund and will not exceed

$31,500.00.Recommendation


9 Resolution -- Approving an Engagement Letter with Vinson & Elkins,L.L.P., for Legal Services Related to the 2010 Entertainment Venue ProjectBonds



2. Impact: Revising the bond counsel engagement letter now will allow Vinson &Elkins, L.L.P., to begin all the required state law procedures to facilitate the timelyissuance of bonds for the Irving Entertainment Center at Las Colinas.

3. The firm will prepare an expedited declaratory judgment action bond validationlitigation and necessary filings.

4. The firm will prepare the venue ordinances, bond ordinance, submissions for TexasAttorney General review and other legal services as required for the issuance of


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10 Resolution -- Approving an Addendum to the Employment AgreementBetween the City of Irving and Tomas Gonzalez



2. Impact: The proposed Addendum approves a one step (3.5%) increase to the basesalary of the City Manager.

3. Upon review, the City Council and the Manager are contractually obligated tonegotiate compensation on an annual basis.

4. The proposed step increase matches that received by non-civil service employees.

5. Funding is available in the General Fund.

Recommendation


11 Resolution -- Awarding a Contract to CHA, Inc., for Annual StructuralEngineering Services



2. Impact: The annual contract provides structural engineering services on an as-needed basis for review, analysis, and/or design of existing or proposed City ofIrving infrastructure, i.e. retaining walls, screening walls, and pedestrian bridgeabutments. Structural engineering is a specialized professional skill set that is notavailable within existing staff.

3. Staff has negotiated a fair and reasonable agreement with CHA, Inc., for theseservices and recommends approval.

4. Funding for these services will be allocated from various project funds as needed.

Recommendation



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



2. Impact: This project will improve the drainage of 37 residential properties in theGrauwyler Heights neighborhood.

3. This project includes the installation of approximately 1,400 square yards ofreinforced concrete pavement, 545 linear feet of 30 storm sewer pipe, 270 linear

feet of 24 storm sewer pipe, and 370 linear feet of 18 storm sewer pipe.4. The lowest responsive and responsible bidder was F&F Concrete, LLC, in the

amount of $199,034.45. An additional $1,990.55 is needed for testing, bringing thetotal cost of the project to $201,025.00.

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

6. Funding in the amount of $201,025.00 is available in the Municipal Utility Drainage

Fund.

Recommendation


13 Resolution -- Approving a Letter Agreement for Acquisition of Easementsfor the DART LRT Orange Line Project on Property Owned by BHOConnor Partners, LP



2. Impact: This acquisition will allow DARTs contractor to continue constructionactivities related to the DART LRT Orange Line project.

3. The DART LRT Orange Line Project requires the acquisition of a Water MainEasement, a Temporary Grading & Drainage Easement, and a Temporary DART

Convenience Station Easement on the BH OConnor Partners, LP property adjacentto the Convention Center Station. The property is DART Parcel No(s). I1-32E andI1-32E-2.

4. Prior to the placement of the Convenience Station, DART will secure the approvalof The Las Colinas Association concerning plan approval, landscaping and other


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14 Resolution -- Approving an Agreement for Purchase and Sale of RealEstate for the DART LRT Orange Line Project on Property Owned by Tract10 Properties, L.P.



2. Impact: This acquisition will allow DARTs contractor to continue constructionactivities related to the DART LRT Orange Line project.

3. The DART LRT Orange Line Project requires the acquisition of a Water MainEasement, a Public Mass Transit Traction Power Sub-Station (TPSS) & UtilityEasement, a Temporary Grading & Drainage Easement, and a Public Mass TransitEasement on the Tract 10 Properties, L.P. property adjacent to the ConventionCenter Station. The property is DART Parcel No(s). I2-33E-1, I2-33E-2, I2-33E-3and I2-33E-4.

4. The property owner has agreed to sell the parcels at the appraised value of$148,009.00. Closing costs for the purchase are not expected to exceed$5,000.00.

5. Funding in the amount of $153,009.00 is available in the Non-Bond CIP Fund.

RecommendationThe resolution be approved.

15 Resolution -- Authorizing the Submission of an Application to theEnvironmental Protection Agency for a Brownfields Community-WidePetroleum Assessment Grant, and If Awarded, Authorizing the Mayor to

Execute a Grant AgreementAdministrative Comments

1. This item supports Strategic Goals No. 3: Economic Development and No. 10:Environmentally Sustainable Community.

2. Impact: The approval and acceptance of the grant will provide funding to allow theCity of Irving to sustain the redevelopment efforts that have been initiated in

Heritage Crossing, the Texas Stadium area, and the Irving Boulevard Corridor.3. The City of Irving has been selected to apply for a Brownfields Community-Wide

Petroleum Assessment Grant from the Environmental Protection Agency. Thisgrant provides for the city to be reimbursed for approved services in the totalamount of $200,000.00.

4 Th t ill b d t Ph I d Ph II i t l i t


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16 Resolution -- Approving Dallas County Utility and Reclamation District(DCURD) Raw Water Sale Contract for the Irving Convention Center


1. This item supports Strategic Goal No. 3 Economic Development.

2. Impact: This agreement relative to the construction and operations of the IrvingConvention Center will impact the ongoing overall operating efficiency of the

building and LEED certification level.3. This agreement confirms the consumption of untreated water being furnished by the

Dallas County Utility and Reclamation District to the new Irving Convention Center.The ICC will utilize untreated lake water for exterior irrigation of trees and plantings,flushing of water closets and urinals within the restrooms (after onsite treatment),and provide the water supply for the buildings HVAC cooling tower.

4. In order to provide the untreated water to the ICC at the required pressure and flow,

the District will be required to install a new submerged pump station in the waterwayadjacent to existing Pump Station No. 3 at an estimated cost not to exceed$70,000.00. In addition, the District will be compensated for all costs for a Point ofDelivery meter, including, but not limited to, the meter, installation, maintenance,and repair, thereof, in an amount not to exceed $6,000.00.

5. The building project engineer estimates the use of the untreated water could saveas much as 19 million gallons of conventionally treated drinking water per year,resulting in a savings of as much as $45,000.00 per year.

6. The total not to exceed amount necessary is $76,000.00; sufficient funding isavailable and the overall project budget remains unchanged.

7. Funding in the amount of $76,000.00 is available in the Convention CenterConstruction Bond Fund.

Recommendation



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Bid and Purchasing ItemsItems 17-20

17 Resolution -- Approving the Agreement with Sprint Solutions, Inc., forCellular Services through the State of Texas Department of InformationResources (DIR) Program


1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 6: EffectiveCommunication.

2. This item has been recommended by Information Technology.3. Impact: With this service, critical communications will continue for the Police and

Fire Department employees (including medical information being submitted via cellphone to the hospitals regarding patients), and for the Citys Parks and BuildingServices field employees.

4. This award establishes an annual contract for the continuation of providing servicefor approximately 160 cell phones and approximately 230 broadband aircards for a

total estimate of 390 cell devices.5. Funding in the net estimated amount of $90,000.00 for the period of May 1, 2010,

through September 30, 2010; in the net estimated amount of $216,000.00 for theperiod of October 1, 2010, through September 30, 2011; in the net estimatedamount of $216,000.00 for the period of October 1, 2011, through September 30,2012; and in the net estimated amount of $126,000.00 for the period of October 1,2012, through April 30, 2013, is available in the General Fund, subject to funds

being appropriated in Fiscal Years 2010-11, 2011-12, and 2012-13.Recommendation



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18 Resolution -- Renewing the Annual Contract with Convergint Technologiesfor the LENEL Security Systems Hardware Support Services

Administrative Comments1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:

Infrastructure Network.

2. This item has been recommended by Information Technology.

3. Impact: The City will maintain a high level of security through this contract forservice, upgrades, and parts for the Citys security systems that provide securityaccess, control, and surveillance for various City buildings. Purchasing negotiatedan additional discount for parts for the new renewal period.

4. This renewal establishes the continuation of an annual contract to provide hardwaresupport and consulting services for the Citys LENEL security systems. The originalcontract was awarded on the basis of competitive proposals.

5. Funding in the net amount of $350,000.00 for the period of May 1, 2010, throughSeptember 30, 2010; in the net estimated amount of $150,000.00 for the period of

October 1, 2010, through September 30, 2011; and in the net estimated amount of$150,000.00 for the period of October 1, 2011, through April 30, 2012, is availableprimarily in the Technology Fund, subject to funds being appropriated in FiscalYears 2010-11 and 2011-12.

Recommendation



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19 Resolution -- Approving the Annual Professional Services Agreement with

LCA Environmental, Inc., for Environmental Assessment ServicesAdministrative Comments

1. This item supports Strategic Goals No. 3: Economic Development and No. 10:Environmentally Sustainable Community.

2. This item has been recommended by Real Estate Services.

3. Impact: This agreement will enable staff to ensure compliance with state and

federal environmental regulations when acquiring, remediating, and/or demolishingproperty.

4. On May 13, 2010, the City Council passed Resolution 2010-112 which authorizedstaff to negotiate a professional services contract with LCA Environmental, Inc., forthese services.

5. This annual contract establishes the schedule of charges to be incurred by the Cityfor comprehensive asbestos surveys, lead paint surveys, abatement specification

development and project management services, property condition surveys, indoorair quality testing, wetland surveys, environmental services related to undergroundstorage tanks, and other property acquisition environmental services.

6. The services under this contract are authorized on a project-by-project basis withina specific scope, upon verification of available project funding.

7. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on thisaward is 100%.

8. Funding in the net estimated amount of $80,000.00 for the period of June 24, 2010,through September 30, 2010, and in the net estimated amount of $200,000.00 forthe period of October 1, 2010, through June 23, 2011, is available in various funds,subject to funds being appropriated in Fiscal Year 2010-11.

Recommendation



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20 Resolution -- Rejecting the Proposals for Museum Retail Store Consultant



2. This item has been recommended by Irving Arts Center.

3. Impact: This will allow the City to seek more detailed proposals to provide theservices required for the scope of this project.

4. The intent of this proposal was to obtain a full-service museum store consultant

and/or consulting agency that can provide a variety of services for the developmentand management of a gift shop to be operated by City staff and/or volunteers inconjunction with Genghis Khan: The Exhibition, at the Irving Arts Center June 1 toSeptember 30, 2011.

5. The City advertised this RFP in compliance with state law and also sent emails to229 vendors. Two proposals were received from Hinojosa, Architecture & Interiors,P.L.L.C., and Mustard Design Architecture & Planning, LLP.

Recommendation

The resolution for rejection be approved.

End of Bids


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ZONING CASES AND COMPANION ITEMS

21 Resolution -- Approving Sign Variance #S1005-0024 - to Allow for Non-Street Facing Wall Signs at 2515 W. Airport Freeway - Consolidated

Development Services/Whataburger, Applicant - MSC-1 LTD, OwnerAdministrative Comments

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

2. Impact: This sign variance will enhance the signage for a new business on StateHighway 183 by improving the visibility within the shopping center without anynegative impacts on State Highway 183.

3. Whataburger Restaurants is proposing to demolish a vacant building and constructa new restaurant at 2515 W. Airport Freeway. The location is a pad site that hasbuildings on either side of and behind the proposed new building. An accessdriveway that connects several properties in the retail center runs behind thesubject property. The applicant has agreed to develop the restaurant inconformance with the proposed State Highway 183 Overlay, with most of theparking located to the side of the building and a 30 ft. deep landscape buffer alongAirport Freeway.

4. The applicant requests approval to install a 46.25 square foot wall sign on the westwall, and two additional signs measuring 6.33 square feet and 25 square feet (31.33square feet combined) on the north wall. These signs would not face a public street.The applicant also has two wall signs on the south faade measuring a combined31.33 square feet facing State Highway 183. The total square footage of all wallsigns is 108.91 square feet, less than 1/3 of the 388 square feet allowed for wallsigns on the front (south) elevation by ordinance.

5. Section 7-3 (14) of the City of Irving Land Development Code states that wall signsshall be located only on the front faade. Section 7-1 defines front faade as aface of the building which faces a public street; or where no building faade faces apublic street, the faade which contains the door open to the public during businesshours.

6. The sign on the west faade does not face a public street, but it is over a primarycustomer entrance to the establishment as a result of the parking area being on thewest side of the property. Since the sign is over a customer entrance, staff cansupport this request.

7. The signs on the north faade do not face a public street; however, they do face across access easement that covers the length of the shopping center and connectsto adjacent properties to the east and west. The additional signage is not visible toany residential properties north of the site. Since the additional signage faces an


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22 Resolution -- Approving Special Fence Plan #ZC10-0008 to Allow aVariance to the Fence Ordinance to Use Electrically Charged Fences -Located at 3100 South Belt Line Road - Sentry Security Systems, Applicant- FedEx Freight East Inc., Owner

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

2. Planning and Zoning Commission Hearing Date and Action: May 17, 2010 Denial9-0. The applicant has appealed that decision to the City Council.

3. The applicant requests a variance from Sec. 15-15, Use of barbed wire orelectrically charged fences, of the Land Development Code, which does not allowan electric fence. The applicant is proposing to install an electric fence on theproperty line on the perimeter of the facility.

4. The property is developed as a trucking terminal with warehouses and truckstorage. Seven-foot chain link fences surround all four sides of the property. Theapplicant requests a variance to install an electric security fence four to six inchesinside the existing metal security fence.

5. The requested fence consists of 10-foot tall metal poles located in the groundapproximately six inches inside the existing security fence with 20 separate strandsof wire. The fence will be energized by a 12-volt car battery and connected to solarpanels. The wires are connected to the control panel, siren alarm systems, andtelephone dialer. In the event of an intruder, the siren will sound, the systemoperator will automatically be dialed, and the intruder will receive a low-level butunpleasant shock.

6. The Fire Department cannot support a new electric fence in the City. There is adanger of shock to firefighters, who use bulky equipment and power tools, and the

response time and set-up time for fighting a fire can be slowed if an electric fence ispresent. Vehicle accidents both inside and outside the facility can impact the fence,and grass fires could be started (see attached memo from the assistant firemarshal).

7. In addition, staff is concerned about the appearance of an electric fence at asignificant entrance into the city. Such a fence can create a negative perceptionabout the safety of an area and the need for such measures. Other less obtrusive

security measures are available other than erecting an electric fence.8. If this request is approved, a fence permit must be obtained prior to construction.

9. Seventeen notices were mailed with one comment form received in opposition.

R d i


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23 Ordinance -- Zoning Case #ZC10-0021 - Granting S-P-1 (Detailed Site Plan)for C-N (Neighborhood Commercial) and Outdoor Seating Uses -Approximately 2,268 Square Feet Located at 3501 North Belt Line Road -the Dimension Group, Applicant - Town North SC Partner, Ltd., Owner

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

2. Planning and Zoning Commission Hearing Date and Recommendation:June 7, 2010 Favorable, 7-0 (Commissioners Zapanta and Tannehill, absent).

3. The applicant is requesting to rezone the property to allow a restaurant to haveoutdoor seating.

4. The applicant is proposing to allow a new restaurant the ability to have outdoorseating under an existing covered patio area in front of the restaurant. The currentC-N (Neighborhood Commercial) zoning does not permit outdoor seating.

5. The proposed site plan shows a 1,641 sq. ft. restaurant lease space with 29 seats(20 indoor, 9 outdoor). 12 parking spaces are required and provided.

6. Since the outdoor seating area is limited and pedestrian pathways are not blocked,staff can support the request.

7. Public notices were sent to five (5) property owners, with no letters in support oropposition received.

Recommendation

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


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APPOINTMENTS AND REPORTS

24 Resolution -- Appointment to Boards, Commissions, and Committees, toFill an Unexpired Term for the Housing and Human Services Board



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

3. The vacant position under consideration is Housing & Human Services Board-Place 7.

Recommendation


25 Mayors Report

26 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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AGENDA ITEM SUMMARY PUBLIC INPUT HEARING

Meeting: 6/24/2010 DOC ID: 3382

Recommending Department: Budget & Compensation

Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal YearBudget

DISCUSSION:



2. In accordance with the Fiscal Year 2010-2011 Budget Calendar, a public hearinghas been scheduled for the June 24, 2010 Regular Council meeting to receiveinput. This is the third and final notice to be posted.

3. The notice of the hearing has been published in the legal section of the IrvingRambler, and the Corporate Communications Department has released this notice

to the local media.

Recommendation

Input be taken under advisement.

ATTACHMENTS:

REVISION INFORMATION:

Prepared: 6/1/2010 10:06 AM by Shelle WomackLast Updated: 6/1/2010 10:07 AM by Shelle Womack

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WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

June 9, 2010

The Irving City Council met in work session June 9, 2010. The following members were

present/absent:

Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentSam Smith Irving City Council Councilman Present

Joe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

Mayor Herbert Gears called the meeting to order at 10:35 a.m.

DISCUSSION TOPIC

1 Introduction of City Council Cycle Participants

Linda Murray, Executive Assistant, introduced the following City Council Cycle participants:Carol Boyer, ICVB Office ManagerNancy Webb, Water Customer Service Supervisor

3 Entertainment Venue Equity and Public Finance Structure

Brenda McDonald, Director of Real Estate and Development, introduced the EntertainmentVenue Team presenting today.

Speakers include the following:

Charles Cotten, Principal, CSE Commercial Real Estate - Mr. Cotten gave a background on

the project, indicating that there will be three key components of success for this venue: 1)public spaces, 2) restaurants, and 3) a concert hall. The venue will allow for major festivals,secured and controlled access, adequate, affordable and accessible parking as well as qualityfood and entertainment. The Entertainment Venue is said to increase revenues to theConvention Center as well as occupancy and demand for the hotel that will be associated withthe Irving Convention Center A public referendum to authorize hotel revenue tax and project

3

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City Council Work SessionJune 9, 2010

diligence in partnership with management counsel and LCGs various partners and third-partyconsultants. The company is currently drafting marketing materials to capture interest of

potential investors, is managing the investor diligence process and will negotiate optimaltransaction structure between parties within the allocated timeframe provided.

Mr. Croxton defined the risks that have been assessed quantitatively and operationally.Quantitatively, construction is one of the highest elements of risk, but he noted that the Cityand its partners have gone to great diligence to mitigate construction delays through thedesign process. Operationally, the question is When you open the Venue will they come?The Innovation Group has examined the market demographics and according to Mr. Croxton,

based on that examination, the Team believes people will come to the Venue.

Councilman Philipp questioned the financing range and asked if Jefferies & Company couldraise more than $50 million.

Mr. Croxton stated that there is flexibility in the financing range, but if significantly morefinancing needs to be raised, the Team will need to re-evaluate the financing numbers. He

noted that the projections are based on a five-year time frame which includes the initial rampup and stabilizing years with 30% expected rate-of-return for investors.

Mayor Gears noted that the City will maintain ownership of the property and the investors arereceiving a financial return.

Michael Soll, Executive Vice President, The Innovation Group - Mr. Soll indicated they are aninternational feasibility and assessment group. The Innovation Group was tasked with the

following: 1) a feasibility assessment/validations, and 2) a projected tax revenue estimate forthe proposed mixed use entertainment development which would include a variety ofrestaurants, several live entertainment facilities and a small retail segment. Their approachand methodology was to examine the key areas of interest to include food and beverage,entertainment, suites and hotel villas, sponsorship and retail.

Mr. Soll stated that the food and beverage interest is important to the overall viability of theVenue and described the meal time analysis for lunch and dinner visitors per square foot.

He also gave a financial comparison of the planned projections and The Innovation Groupsevaluation for cash flow and revenue, noting a $14 million difference in the two projections.

Councilman Philipp asked how the Citys alcoholic beverage ordinance for restaurants

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Mr. Soll confirmed that 12 outlets including street vendors are planned.

Councilman Santoscoy questioned the viability of 220 event nights and noted his concern withthe naming rights revenues projected in todays economy.

Mr. Rittvo, Director, Food and Beverage Division, The Innovation Group, stated that theylooked at comparable venues, with dual scale events, and confirmed that 220 events isreasonable, noting that some of the additional nights include smaller acts, charitable events,etc.

Jorge Garza, Managing Director, Estrada Hinojosa & Company- Mr. Garza spoke in regardsto the financing of this project. He indicated that the primary sources of payment for the VenueProject will be from the following sources: 1) Private Partnership Equity, 2) Private Partnershiprent and other payments, 3) Hotel Occupancy Taxes (HOT) from visitors, 4) Voter-approvedBrimer Taxes (2% Brimer HOT), and 5) Attendees and consumers at the Venue. He gave anoverview of the guiding principles used to development the financing options in todaysmarket.

Councilman Philipp asked what contingencies were reviewed and put into place in the eventof economic down turns.

Mr. Garza stated that the Team looked at the developers projections, an ERA study, revisedprojection by The Innovation Group and stress tests. He noted that the scenarios will showdownward trends that can be withstood before the contingencies will be affected.

Lance Etcheverry, Managing Director, J.P. Morgan Securities Inc., presented two scenarios tofully fund the Venue project using Brimer tax and state tax with the use of Hotel OccupancyTaxes (HOT) as cushions.

Mr. Etcheverry described Scenario 1 as three series of bonds for 40 years with an averagecost of 8.5%. He summarized the bond funding, noting that the funding is limited to BrimerHOT with one unrated bond. He gave an overview of the impact on the city for bond A.

Councilman Stopfer questioned the validity of the current PKF Consulting study and theirprojections.

Mr. Etcheverry described the most recent PKF Consulting study, noting the reserves andcontingencies are based on the current projections and coverage levels. He then described

MinutesAcceptance:MinutesofJun9,201010:30AM

(CONSENTAGENDA)


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26 Resolution -- Temporary Use Permit #G1006-0084 - to Allow a Farmers Marketat Irving Mall - Property Located at 3602 West Airport Freeway - Four Seasons

Markets, Applicant - Simon Malls, Owner

Ken Bloom, Chief Planner, presented the temporary use permit request for afarmers market at the Irving Mall, noting the staffs support of this will generateneeded consumer traffic at the location.

27 Resolution -- Approving Special Sign Permit S1001-0038 to Allow the Use ofElectronic Signs on Two Proposed Monument Price Signs - Located on the

Northwest Corner of MacArthur Boulevard and Royal Lane - Anita James,Applicant - RaceTrac Petroleum, Inc., Owner (Postponed at the May 27, 2010City Council Meeting)

Mr. Bloom presented the sign permit request for Race Trac and has indicatedthat the applicant has agreed to lower the sign from its originally requested 9feet in height to 7 feet, 10 inches. Staff recommends approval.

28 Resolution -- Approving Sign Variance Case No. S1004-0019 to Allow a PoleSign to Exceed the Maximum Height - Property Located at 1308 East AirportFreeway - Grisset Enterprises, LLC, Applicant - Anthony Grissett, Owner

Mr. Bloom presented the sign variance request at McDonalds on SH 183. Henoted staff can support this request as the applicant has agreed to come intocompliance within two years or once the adjacent propertys sign is removed,

whichever comes first. The adjacent propertys sign was purchased by TxDOTand is scheduled to be removed the summer of 2011.

29 Resolution -- Approving Sign Variance Case No. S1003-0059 - to Allow a PoleSign to Exceed the Maximum Height and Area - Property Located at 4210 WestAirport Freeway - Larry Westrich, Applicant - DSW Inns, LLC, Owner

Mr. Bloom presented the sign variance request at Drury Inn on SH 183. Henoted staff cannot support this request due to the extreme variance requestedwhich does not match surrounding properties. Mr. Bloom also stated that theproperty owner has been compensated for the pole sign by TxDOT. Staff isrequesting denial of the applicants request.

MinutesAcceptance:Minuteso

fJun9,201010:30AM

(CONSENTAGENDA)

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EXECUTIVE SESSION

Council did not convene into executive session during todays meeting.

6 Legal Advice - Entertainment Venue Bond Structure

Texas Open Meetings Act 551.071

The meeting was adjourned at 3:30 p.m.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Shanae Jennings, TRMCActing City Secretary


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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

June 10, 2010

~

The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, June 10, 2010. The following members were present / absent:

Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman Present

Sam Smith Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman Present

Rose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

Fran Bonilla, 401 E. 7th Street, Irving, TX - Ms. Bonilla invited everyone to PublicServant Day at First Methodist Church this Saturday, it begins at 9:30 a.m.

INVOCATION

The invocation was delivered by Reverend Lari Goold of Celebration of Life Church.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

There were no proclamations or announcements at tonights meeting..

CITY COUNCIL AGENDA

1 Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal YearBudget


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City Council MeetingJune 10, 2010

Gordon Sumner, 1617 Landmark, Irving, TX

2 City Managers Strategic Plan Update

City Manager Tommy Gonzalez showed the following videos:

Activities which are occurring within and around the City of Irving.

Channel 4 Good Day video about the opening of the new aquatics center.

Goal 8: Sound Governance

CONSENT AGENDA

Joe Mapes, 5104 N. Main Street, Euless, TX requested to speak on items 15-25

before they were approved for final reading.

Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday to

approve consent agenda items 3-25.

Motion approved 9-0.

3 Approving Minutes for Wednesday, May 26, 2010

4 Approving Minutes for Thursday, May 27, 2010

5 Resolution No. RES-2010-127 -- Authorizing Destruction of Obsolete Records inAccordance with the City of Irvings Records Management Policy

RESULT: ADOPTED [UNANIMOUS]

MOVER: Roy Santoscoy, Councilman

SECONDER: Rose Cannaday, Councilwoman

AYES: Gears, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday,Santoscoy, Gallaway

6 Resolution No. RES-2010-128 -- Approving a Funds Sharing and Fiscal Agency


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7 Resolution No. RES-2010-129 -- Approving a Discretionary Service AgreementBetween the City of Irving and Oncor Electric Delivery Company, LLC, for theUndergrounding of Overhead Electric Facilities on Irving Boulevard at OhioStreet


MOVER: Roy Santoscoy, CouncilmanSECONDER: Rose Cannaday, Councilwoman


8 Resolution No. RES-2010-130 -- Approving Contours Community DevelopmentCorporation Contract Extension





9 Resolution No. RES-2010-131 -- Approving Amendment to Irving CommunityDevelopment Corporation Contract for Fund Allowance and Extension of Term


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10 Resolution No. RES-2010-132 -- Approving Irving Community DevelopmentCorporation CHDO Operating Agreement




AYES: Gears, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday,

Santoscoy, Gallaway

11 Resolution No. RES-2010-133 -- Approving the Single Source Award to John J.Duncan for Electron Beam Tomography (EBT) Scanning

RESULT: ADOPTED [UNANIMOUS]MOVER: Roy Santoscoy, Councilman



12 Resolution No. RES-2010-134 -- Approving the Single Source Award to BlackBox Network Services to Upgrade the Citys Nortel Phone System


Minutes

Acceptance:Minuteso

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13 Resolution No. RES-2010-135 -- Approving the Extended Warranty Purchase toCDW Government for Itronix Laptops used in Police Vehicles through TheCooperative Purchasing Network (TCPN) Program





14 Resolution No. RES-2010-136 -- Approving the Single Source Award toSiemens Industry, Inc., for the Expansion of the Energy Management Systems tobe Installed and Implemented at the Mustang Recreation Center and the ICTNFacilities





Santoscoy, Gallaway

15 Ordinance No. ORD-2010-9177 -- Final Reading -- Granting a Franchise toBluebonnet Waste Control for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas




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Chapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas





Santoscoy, Gallaway

17 Ordinance No. ORD-2010-9179 -- Final Reading -- Granting a Franchise toCommunity Waste Disposal, LP for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas





18 Ordinance No. ORD-2010-9180 -- Final Reading -- Granting a Franchise toEmpire Disposal, Ltd., for Solid Waste Collection Services Pursuant to Chapter33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas





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20 Ordinance No. ORD-2010-9182 -- Final Reading -- Granting a Franchise to IESI

Tx Corporation for Solid Waste Collection Services Pursuant to Chapter 33 of theCode of Civil and Criminal Ordinances of the City of Irving, Texas





21 Ordinance No. ORD-2010-9183 -- Final Reading -- Granting a Franchise toMoore Disposal Corporation for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas





22 Ordinance No. ORD-2010-9184 -- Final Reading -- Granting a Franchise to

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23 Ordinance No. ORD-2010-9185 -- Final Reading -- Granting a Franchise to S &H Waste Disposal Service for Solid Waste Collection Services Pursuant to

Chapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas



SECONDER: Rose Cannaday, CouncilwomanAYES: Gears, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday,Santoscoy, Gallaway

24 Ordinance No. ORD-2010-9186 -- Final Reading -- Granting a Franchise toTriplett Waste Services for Solid Waste Collection Services Pursuant to Chapter33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas





25 Ordinance No. ORD-2010-9187 -- Final Reading -- Granting a Franchise toWaste Management for Solid Waste Collection Services Pursuant to Chapter 33f th C d f Ci il d C i i l O di f th Cit f I i T

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y gJune 10, 2010





ZONING CASES AND COMPANION ITEMS

26 Resolution No. RES-2010-137 -- Temporary Use Permit #G1006-0084 - toAllow a Farmers Market at Irving Mall - Property Located at 3602 West AirportFreeway - Four Seasons Markets, Applicant - Simon Malls, Owner

Mayor Gears opened the public hearing at 8:07 p.m.

The following individuals signed up to speak in support of this item:

Holly Conner, 3880 Irving Mall, Irving TX and Vincent Hirth, 3206 Christie Circle,Garland, TX - They both represent the Farmers Market requesting to be broughtto the Irving Mall. They expressed that this is a clean market, not a flea market,and that they are excited to be bringing healthy and fresh produce and productsto the mall.

Mayor Gears closed the public hearing at 8:19 p.m.

Motioned by Councilman Meagher, seconded by Councilwoman Cannaday toapprove a temporary use permit located at 3602 West Airport Freeway.


RESULT: ADOPTED [UNANIMOUS]MOVER: Allan Meagher, Councilman



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y gJune 10, 2010

27 Resolution No. RES-2010-125 -- Approving Special Sign Permit S1001-0038 toAllow the Use of Electronic Signs on Two Proposed Monument Price Signs -Located on the Northwest Corner of MacArthur Boulevard and Royal Lane - AnitaJames, Applicant - RaceTrac Petroleum, Inc., Owner (Postponed at the May 27,2010 City Council Meeting)


The following individual did not wish to speak but signed up in support of thisitem:

Anita James, 3225 Lumberland Blvd., Suite 100 Atlanta, GA

Mayor Gears closed the public hearing at 8:21 p.m.

Motioned by Councilman Patrick, seconded by Councilman Meagher to approvea special sign permit located on the Northwest corner of MacArthur Boulevardand Royal Lane.

Councilman Philipp voted in opposition to this motion.

Motion approved 8-1

RESULT: ADOPTED [8 TO 1]

MOVER: Lewis Patrick, Councilman

SECONDER: Allan Meagher, Councilman

AYES: Gears, Meagher, Patrick, Stopfer, Smith, Cannaday, Santoscoy,Gallaway

NAYS: Joe Philipp

28 Resolution No. RES-2010-138 -- Approving Sign Variance Case No. S1004-

0019 to Allow a Pole Sign to Exceed the Maximum Height - Property Located at1308 East Airport Freeway - Grisset Enterprises, LLC, Applicant - AnthonyGrissett, Owner


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June 10, 2010

Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday toapprove a special sign permit located at 1308 East Airport Freeway.

Councilman Philipp voted in opposition to this motion.

Motion Approved 8-1.

RESULT: ADOPTED [8 TO 1]

MOVER: Roy Santoscoy, CouncilmanSECONDER: Rose Cannaday, Councilwoman

AYES: Gears, Meagher, Patrick, Stopfer, Smith, Cannaday, Santoscoy,Gallaway

NAYS: Joe Philipp

29 Resolution No. RES-2010-139 -- Approving Sign Variance Case No. S1003-0059 - to Allow a Pole Sign to Exceed the Maximum Height and Area - PropertyLocated at 4210 West Airport Freeway - Larry Westrich, Applicant - DSW Inns,LLC, Owner - (Postponed at the June 10, 2010 City Council Meeting)

The applicant has requested that this item be postponed to the June 24, 2010City Council meeting.

Motioned by Councilman Smith, seconded by Councilman Stopfer to postponethis item to the June 24, 2010 meeting.


RESULT: POSTPONED [UNANIMOUS]Next: 6/24/2010 7:00 PM

MOVER: Sam Smith, Councilman

SECONDER: Rick Stopfer, Councilman


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June 10, 2010

Motioned by Councilwoman Cannaday, seconded by Councilman Philipp toapprove a resolution appointing Benny Newman to the Convention CenterOpening Task Force.



MOVER: Rose Cannaday, Councilwoman

SECONDER: Joe Philipp, Councilman


31 Mayors Report

Mayor Gears reported a great work session occurred yesterday and remindedeveryone who wishes to vote in the runoff election for District 7 to get out andvote.

32 Adjournment

Mayor Gears adjourned the meeting at approximately 8:35 p.m.

Citizens Forum

No one elected to speak at tonights citizen forum.

Herbert A. Gears, Mayor

ATTEST:

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June 10, 2010

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AGENDA ITEM SUMMARY

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AGENDA ITEM SUMMARY

Meeting: 6/24/2010 DOC ID: 3271Recommending Department: Management Operations LSR No: 10619

Resolution -- Approving Approximately 1.43 Acre Tract Located in the 1700Block of Sunnybrook Drive, to be Designated as Public Open Space forMunicipal Uses


1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.

2. Impact: A portion of the land located at the 1700 block of Sunnybrook Drive (1727and 1731) was used for a drainage capital improvement project to improve thestorm water drainage system along Delaware Creek.

3. The project is now complete and the remainder of the real property, 1.43 acre tractis no longer needed for drainage improvement purposes.

4. The public use designation on this property will enhance the walkability and

aesthetics of the neighborhood.Recommendation


ADDITIONAL COMMENTS:

Contract Required: No Review Completed By: Karen BrophyPrevious Action: N/A Council Action: N/A

.

CURRENT YEAR FINANCIAL IMPACT:

None


Prepared: 2/18/2010 12:24 PM by Anita GomezLast Updated: 6/16/2010 02:48 PM by Jennifer Phillips

CITY OF IRVING

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3271)

WHEREAS, the City of Irving purchased two single family homes on Canyon Oaks and

Sunnybrook Drive in 2008, with bond funds from the 1999 drainage bond authorization for drainage

improvement purposes; and

WHEREAS, a portion of the land was used to remove a hazardous drainage condition and

improve the storm water drainage system along Delaware Creek; and

WHEREAS, the project is now complete and the remainder of the real property is no longer

needed for drainage improvement purposes; and

WHEREAS, the City has a need to use the remaining real property to serve the public purpose

of public open space;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:

SECTION I. THAT the approximately 1.43 acre tract, located in the 1700 block of Sunnybrook

Drive in Irving, Dallas County, Texas, and more particularly described in attached

Exhibit A, is hereby found to no longer be needed for drainage improvement use.

SECTION II. THAT the approximately 1.43 acre tract is hereby found to be immediately necessary

to meet the public need of beautiful neighborhoods by providing the recreational

opportunity of public open space.

SECTION III. THAT approval of this resolution is a necessary step in the construction of a new

public open space, as approved in the Strategic Plan.

SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is

accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING TEXAS

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,

on June 24, 2010.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Shanae JenningsActing City Secretary

APPROVED AS TO FORM:

_______________________________

Charles R. Anderson

City Attorney

AGENDA ITEM SUMMARY

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AGENDA ITEM SUMMARY

Meeting: 6/24/2010 DOC ID: 3376Recommending Department: Solid Waste Services LSR No:

Resolution -- Authorizing the Submission of an Application for a PermitAmendment Relating to the Hunter Ferrell Landfill



2. Impact: This permit amendment will allow for expansion of the Hunter FerrellLandfill into the middle tract expanding the current life expectancy of the landfill to75 remaining years.

3. The last permit amendment was in June of 1992 to incorporate new regulations.

5. No funding is required for filing this application (there is a filing fee of $150.00).

Recommendation



Contract Required: No Review Completed By: Kuruvilla OommenPrevious Action: Resolution 6-4-92-269 Council Action: Approval of Resolution


N/ABudget Adjustment/Transfer Required: No


Prepared: 5/24/2010 04:45 PM by Christie WilliamsLast Updated: 6/17/2010 10:50 AM by Belinda Rowlett

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby authorizes the submission of the attached

Application for a Permit/Registration to Operate a Municipal Solid Waste Site

which amends the existing landfill permit to allow development of the Hunter Ferrell

Landfill and existing property located within the limits of the existing landfill

property, and authorizes the Mayor to execute the application.

SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is

accordingly so ordered.


on June 24, 2010.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Shanae Jennings

Acting City Secretary


_______________________________

Charles R. AndersonCity Attorney

AGENDA ITEM SUMMARY

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AGENDA ITEM SUMMARY

Meeting: 6/24/2010 DOC ID: 3407Recommending Department: Parks & Building Maintenance LSR No: 11019;

11086

Resolution -- Authorizing the Submission of an Application to the TexasForest Service for a Grant of $10,000 from Urban Forestry PartnershipGrant Program Which Will Provide Funding for Tree Assessment onMedians and Rights of Way, and If Awarded, Authorizing the Mayor toExecute a Grant Agreement


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

2. Impact: The approval and acceptance of the grant will provide funding for theassessment of trees on COI Medians and Rights of Way which will contribute to theenhancement of major corridors throughout Irving.

3. Through the funding the Texas Forest Service will provide a contractor containingtwo certified arborists to inventory 4,000 trees and identify the location of hazardoustrees for removal, as well as the need to replace or install new trees.

4. Inventory results will assist in developing a maintenance and management plan forthe future as required by our Tree City USA commitment.

5. The focus of the inventory of trees on our Medians and Rights of Way will also

contribute to the Citys Vision and Mission of being a model city with safe andbeautiful neighborhoods, and the promotion of a higher quality of life for residents,visitors and business.

6. Funding in the amount of $20,000.00 is available in the Miscellaneous SpecialNeeds Account.

Recommendation



Contract Required: Yes Review Completed By: Michael GriffithPrevious Action: N/A Council Action: N/A


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1001-0751-56410-500 Budget: $20,000.00 Actual: $20,000.00Budget Adjustment/Transfer Required: No

REVISION INFORMATION:Prepared: 6/8/2010 04:26 PM by Durenda PenaLast Updated: 6/16/2010 11:39 AM by Durenda Pena

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby authorizes the submission of an application to theTexas Forest Service for Urban Forestry Partnership Grant Program funding in theamount of $10,000.00 for tree assessment on medians and rights of way, and theMayor is authorized to execute the attached application.

SECTION II. THAT the City Council hereby approves, if awarded, the acceptance of the UrbanForestry Partnership Grant Program funding and authorizes the Mayor to execute anyresulting grant agreement for receipt of said funds upon approval by the CityAttorney.

SECTION III. THAT the grant will be paid on a reimbursement basis with the City providing a$10,000.00 match for a total of $20,000.00 that will initially be charged to Account

No. 1001-0751-56410-500.

SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it isaccordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________Max S. Duplant, CPAChief Financial Officer


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on June 24, 2010.

________________________________HERBERT A. GEARSMAYOR

ATTEST:

_______________________________

Shanae JenningsActing City Secretary


_______________________________Charles R. AndersonCity Attorney

Federal Program Grant Number: 10-04-01CFDA Number: 10.664 Grant Amount: $10,000Period: 7-0110 to 12-3110 Local Match: $10,000

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Attachment:GrantAgreement(3407:7AgmtCOIandTexasForestService)


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Urban Forestry Partnership Grant Program

A Cooperat ive Program Between th e Texas Forest ServiceAnd the USDA Forest ServiceGRANT AGREEMENT

This Grant Agreement is hereby e nte re d in to by and between th eTexas Forest Service (TFS), a Member of The Texas A&M University Systemand an agency of th e State of T exas, and the C ity of Irving, Texas,hereafter referred to as G ran tee .

Article 1. This agreement represents th e entire agreement between th eparties. Any modification of purpose, final product, grant award, ormatching contribution must be requested in writ ing and approved by th eTFS. Grantee must raise th e entire balance of funds necessary to completeth e budget as proposed, from non-federal sources. All funds must be usedfo r th e purposes stated below.

Purpose: To develop a GPS tree inventory fo r up to 4,000 street andmedian trees, which will record locat ion, species, size, condit ion,maintenance needs, an d risk rating fo r each tree assessed. Informationwill be integrated into th e CityWorks work order system and will beused to develop a tree management plan. Grant an d local funds will beused to pay f or c on su ltin g s er vic es to conduct th e field inventory.

Article 2. The $10,000 grant will be paid on a reimbursement basis uponsubmission o f ap pro ved cost records AND a project final report . Interimreports detailing partial project accomplishments an d costs will beaccepted fo r partial payment. The amount paid will equal 50% of th eapproved project costs, not to exceed either th e grant amount or th e out-of-pocket expenses. The Grantee shall be responsible fo r a minimum matcho f $ 10,0 00 , in eligible cash pu rchases or in-kind contributions.

Article 3. The Grantee shall be responsible fo r providing proof-of-payment records fo r all purchases and in-kind contributions. These includesource documenta tion such as i nvo ic es , c ance ll ed checks, paid receipts,payroll or time and a tt endance r eco rds , contract documents, and valuationletters for third-party in-kind contributions. Cost records must beretained for three years following conclusion of th e project.

Article 4. The Grantee must provide th e TFS with an official resolut ionpassed by its governing body that authorizes its representat ive to executean y agreements associated with this grant and commits th e organization toth e matching contribution as proposed in the gran t applicat ion and listedabove.

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Article 12 . The Grantee may terminate this entire Agreement, withoutcause, prior to th e expirat ion of th e grant period, upon thirty days

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(30)written notice. Upon cancellation of this Agreement and release or returnof th e unexpended grant funds, th e Grantee is fully released of allobl igat ions under this Agreement.

Article 13 . To th e ex ten t p e rm i tte d by th e law s and constitution of th eState of Texas, th e Grantee agrees to hold the Texas Forest Service (TFS)harmless from an y injury to person or property occurring in connectionwith project operat ions by Grantee, its agents, o r e mp lo ye es .

Article 14 . If any part of this Agreement shall be deemed to be or shall,in fact, be invalid, inoperat ive, or unenfo rc eab le as applied, suchcircumstance shall not have th e effect of rendering any o th e r p rov is ion ofthis Agreement invalid, inoperat ive, or unenforceable to any extentwhatever.

Acceptance: We accept this grant subject to the terms and provisionsstated above.

Grantee:

Signature

tie

Organization

Date

Grantor:

Tom G. BoggusS ta te Fo re ste rTexas Forest Service

Date

Urban Forestry Partnership Grant Program2010 Application

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Part I Applicant InformationProject Title: Professional Tree Assessment on Medians and Rights ofWayOrganization: City of Irving825 W. Irving Blvd.

Irving, Texas 75060Contact: Michael Griffith, Parks Manager / City Arborist # TX 3454A972-721-8077 office469-446-4288 cellmgriffit(cityofirving.orgTax Exempt: #75-6000566

Part II Executive SummaryThe purpose of this project is to perform a public tree assessment on ou r major mediansand Rights of Ways in order to quantify the environmental and social benefits of theurban forest in Irving. This will also develop and prioritize the Management Plan byevaluating the risk factors as it relates to species, condition and site location. The treeassessment is utilizing the ISA Best Management Practices for the tree inventory. Thetree data will be collected and stored within the citys City Works Program with a GISplatform including GPS data points for each tree. The inventory system will be used todevelop a work order system that will record the history of the maintenance performed oneach tree.Part III Organizational GoalsIn 2009 the Mayor, City Manager, and City Council endorsed support of preservation andimprovedmaintenance for our Urban Forest in Irving Texas. They directed the Parks andRecreation Department to track and implement a forestry program that would certify thec ity to become a Tree City USA community. In doing so, the City Arborist (MikeGriffith), assisted in creating the Tree Board and the Tree Ordinance to facilitate thatrequirement. As a result, Irving was recently certified as being a Tree City USAcommunity.

Our Mission is to inventory all of the public trees on our Medians and Rights of Way toassist us in developing an Urban Forestry Management Plan. The citys focus is theenhancement of our major corridors throughout the city. This will also contribute to theCitys Vision and Mission of being a model city with saf e and beautiful neighborhoods,and the promotion of a higher quality of life for its residents, visitors and businesses.

The long term benefit of this project will lead to a stronger community involvementtow ards tree care and their benefits. Th e inventory will identify where hazardous trees are

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loca ted for their removal, as well as the need to rep lace and install new trees to strengthenour Urban Forest.Our Departments goa ls for 2010 2011 are as fo llows:

To develop a Tree Maintenance Plan utilizing our inventory. To develop a Tree Farm to help our reforestation efforts into the future . To develop and publish educational mater ials for our citizens to uti lize inperforming proper tree maintenance and to brin g awareness of the benefits oftrees.The da ta collected will also utilize the i-Tree Streets management program to obta inthe cost benefit analysis of our Urban Fo rest. With the interest of communityinvolvement from our tree assessment, we shou ld be able to continue our inventorythroughout the city.

The Irv ing Tree Board is made up ofmembers ofKeep Irving Beautiful, the GreenAdvisory Board and the Park and Recreation Board. We have a well rounded groupthat is very excited about this project and what it will lea d to. They have committed toassis t and promote the development of the new Tree Fann in which we plan to create thiswinter at a 23 acre non developed park. They have a large volunteer group to helpsupport our efforts.

We have also recently partnered with the Boy Scouts ofAmerica whose NationalHe adquarters is based in Irving . In celebration of their 100h Anniversary we assisted witha 50 / 50 split on the purchase of one hundred (100), 3 inch diameter trees . City Fo rces,Bo y Scouts, and Volunteers planted them at Northwest Park. After everyone saw theimpact of the tree plantings, a Boy Scout trying to earn his Eagle Scout badge was able topurchase 48 additional 3 inch diameter trees on his own through donations. Thes e treeswere planted by the Boy Scouts, Volunteers and City Fo rces at Thomas Jefferson Park.The Boy Scouts and neighbors were so overwhelmed that we hope to continue th ispartne rship .

Part IV: Section A Project Work Plan1. Project Description:The City Arborist will be the Project Manager (Mike Griffith) over thi s project .

I have already put out an RFP / BVB and have the results ready for execution . Wedetermined that we will be ab le to inv entory 4,000 trees with the expenditure of$20,000. The low bid of the project is Urban Renewal, Inc that has two (2) ISAcertified arborist that will be performing the work. We are processing bid at thistime.

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2. Timeline:Projected Start date July 1, 2010Completion date August 20, 2010

3. Budget:Funds of $20,000 will come from a city account for the project. The grant willallow us to spend these funds, so we c an refund the utilized account.

Project Publicity:This project has been announced to the Mayor, City Manager, and City Counciland all of the Boards that it will be taking place. The local Community TVnetwork and city publications will also have cover stories and interviews of theproject. After the project has been completed, the contractor will make apresentation to the City of Irving with all its findings. The city will obtain the datawhere I will be able to present the information at various meetings throughout thecity and with our local Garden Clubs.

Part IV: Section B Project Budget

Expense Category (1) Grant($) (2) Local Cash ($) (3) Local In-Kind ($)Personnel:Office Expenses:Travel:Supplies andMaterials:Equipment:ProfessionalServices:Contractual: $ 10,000 $ 10,000OtherC ):*Colunm Totals: $ 10,000 $ 10,000*(a)Grant Request; Local Match Total (d)=(b)+(c) *Local Match Total: $ 10,000

Part V: Forester Certification

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It is the understanding of the City of Irving that a TFS forester should review thecompleted application before it is submitted fo r funding. This application has beenreviewed by our local Regional Urban Forester, Mr. Micah Pace fo r completion andconsistency with program goals and objectives. We also understand that uponcompletion of the proposed project that a TFS Forester must also inspect the project andsign-off on it as a successfully completed and approved project beforereimbursement may be submitted.

May 24, 2010Signature of TFS Forester Date

Part VI: Grant Application AuthorizationAs a duly authorized representative of the organization making this application, I herebycertify that all the information provided herein is true and represents the desires of thisorganization. I further certify that I understand the purpose and rules of the program, asset ou t in the Application Guide.

Herbert A. Gears, MayorName and Title of Authorized Representative

Signature of Authorized Representative Date

AGENDA ITEM SUMMARY

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Meeting: 6/24/2010 DOC ID: 3238Recommending Department: Financial Services LSR No: 10616

Resolution -- Approving a Professional Services Agreement with GideonToal to Provide Consultant Services Within Tax Increment ReinvestmentZone No. 1



2. Impact: Authorizing economic development incentives and amending the financingplan to reflect actual costs are important improvements that add to the effectivenessin TIF No. 1.

3. The study delivered by Gideon Toal in 2009 identified important opportunities forTIF No. 1.

4. The technical scope of work in this specialized area includes: Preparation ofnecessary documents to amend the project and financing plan in TIF No. 1 incompliance with state statutory and intergovernmental contractual requirements.

5. The scope of work also includes presentations to the Irving ISD and Carrollton-Farmers Branch ISD Boards; presentation to the City of Irving TIF Board and CityCouncil.

6. Funding for these services are available in the TIF Fund and will not exceed$31,500.00.

Recommendation



Contract Required: Yes Review Completed By: Karen BrophyPrevious Action: RES 2008-450 Council Action: Approved

.

ATTACHMENTS:

Professional Services Agreement Gideon Toal_gtrevised-v2 (PDF)

Last Updated: 6/18/2010 09:31 AM by Jennifer Phillips

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CITY OF IRVING

COUNCIL RESOLUTION NO RES 2010 50

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COUNCIL RESOLUTION NO. RES-2010-50

WHEREAS, Tax Increment Reinvestment Zone No. 1 City of Irving (hereinafter referred to as TIFDistrict No. 1) and its Board of Directors (hereinafter referred to as Board) were created by the Irving CityCouncil pursuant to City of Irving Ordinance No. 7394; and

WHEREAS, the mission of the TIF District is to enhance the tax base of the City; preserve the value ofthe existing developments; and promote new development through the use of available financial, marketing, andcapital infrastructure development and land planning tools within a comprehensive and coordinated strategy of

public and private efforts; and

WHEREAS, Gideon Toal has performed a taxable value analysis of each parcel within the TIF DistrictNo. 1 which supports updating the TIF Project and Financing Plan; and

WHEREAS, the Board recommends retaining Gideon Toal for additional services to update the TIFProject and Financing Plan;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFIRVING, TEXAS:

SECTION I. THAT the City Council hereby approves the attached agreement between the City ofIrving and Gideon Toal for economic development services in an amount not toexceed $31,500, and the Mayor is authorized to execute said agreement.

SECTION II. THAT this expenditure shall be charged to Account No. 2050-0305-56401-9006.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it isaccordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________Max S. Duplant, CPAChief Financial Officer


on June 24, 2010.

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________________________________HERBERT A. GEARSMAYOR

ATTEST:

_______________________________Shanae JenningsActing City Secretary


_______________________________Charles R. AndersonCity Attorney

Professional Services Agreement

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THIS AGREEMENT is entered into as of the _____ day of ____________________,A.D. 2010, by and between the of the City of Irving, Texas, a municipal corporationlocated in Dallas County, Texas, and incorporated as a home rule city under theConstitution of the State of Texas, hereinafter referred to as "CITY," and Gideon ToalInc., a Texas corporation, hereinafter referred to as "CONSULTANT."

WITNESSETH:

In consideration of the premises and mutual covenants hereinafter contained, theparties hereto agree as follows:

1. Services

The CONSULTANT shall perform the services set out in Exhibit "A" and is incorporatedherein as though fully set out, with such document hereinafter referred to as "theServices."

2. Compensation and Reimbursement

2.1 CITY shall pay CONSULTANT a fee not to exceed Twenty eight thousand fivehundred and no/100 Dollars ($28,500), plus reimbursable expenses in an amount not-to-exceed Three thousand and no/100 Dollars ($3,000) for the Services as specified inExhibit "A."

2.2 CONSULTANT shall submit invoices monthly, as the work progresses. CITYshall then pay the CONSULTANT the total amount of the statement which is validly due

within thirty (30) days, with the final monthly installment being paid upon satisfactorycompletion of the project. All payments made under this agreement shall be made fromcurrently available funds.

2.3 CONSULTANT must give written notice that the Services have been completedor substantially completed, and CITY shall make a final inspection of the Services, andif the Services are found to be completed or substantially completed in accordance withthis agreement, CITY shall, upon the receipt of invoice, pay CONSULTANT within thirty

(30) days the balance due CONSULTANT under the terms of this agreement.

2.4 In the event CITY should request additional services not set forth in Exhibit "A,"CONSULTANT and CITY shall agree on the compensation for those services prior toperformance by CONSULTANT Performance of these additional services may be e

ssionalServicesAgreementGideon

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3. Confidential Relationship

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3.1 CITY may from time to time communicate to CONSULTANT certain information

to enable CONSULTANT to effectively perform the Services. CONSULTANT shall treatall such information as confidential, whether or not so identified, and shall not discloseany part thereof without the prior written consent of CITY. CONSULTANT shall limit theuse and circulation of such information, even within its own organization, to the extentnecessary to perform the Services. The foregoing obligations of this Section 3,however, shall not apply to any part of the information that (i) has been disclosed inpublicly available sources of information, (ii) is, through no fault of CONSULTANT,hereafter disclosed in publicly available sources of information, (iii) is now in the

possession of CONSULTANT without any obligation of confidentiality, or (iv) has beenor is hereafter rightfully disclosed to CONSULTANT by a third party, but only to theextent that the use or disclosure thereof has been or is rightfully authorized by that thirdparty.

3.2 CONSULTANT shall not disclose any reports, recommendations, conclusions, orother results of the Services, the existence of, or the subject matter of this contract

without the prior written consent of CITY.

3.3 In its performance hereunder, CONSULTANT shall comply with all legalobligations it may now or hereafter have respecting the information or other property ofany other person, firm, or corporation.

4. Proprietary Rights

4.1 The work product of the Services, and any writings, discoveries, inventions, andinnovations or data resulting from the Services, shall be promptly communicated to,and be the property of CITY.

4.2 As instruments of service, all documents, including original drawings, estimates,and notes shall be available for use by CONSULTANT named herein.

5. Term

This agreement shall be effective on the date of signing, and expire upon completion ofthe Services. This agreement shall be subject to termination upon a thirty (30) daywritten notice at any time by either party. In the event of termination prior to the es

sionalServicesAgreementGideon

Toal_gtrevised-v2

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CONSULTANT. In addition, upon termination or expiration of this agreement,CONSULTANT shall return to CITY any and all equipment, documents, or materials,

d ll i d th f hi h CONSULTANT i d f d/ d l d f

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and all copies made thereof, which CONSULTANT received from, and/or developed forCITY for the purposes of this agreement.

6. Right to Audit

The CITY, at its own expense, shall have the right at all reasonable times duringnormal business hours and upon at least twenty-four (24) hours advance notice, toaudit, to examine, and to make copies of or extracts from the books of account andrecords maintained by CONSULTANT with respect to the Services. If such audit shalldisclose overpayment by CITY to CONSULTANT, written notice of such overpaymentshall be provided to CONSULTANT and the amount of overpayment shall be promptlyreimbursed by CONSULTANT to the CITY. In the event any such overpayment is notpaid within ten (10) days after receipt of such notice, the unpaid amount of suchoverpayment shall bear interest at the rate of one percent (1%) per month from the dateof such notice until paid.

7. Indemnification

CONSULTANT SHALL INDEMNIFY, DEFEND, AND HOLD THE CITY AND ITSOFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES COMPLETELY HARMLESSFROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, SUITS, CLAIMS,JUDGMENTS, FINES, OR DEMANDS ARISING BY REASON OF INJURY OR DEATHOF ANY PERSON, DAMAGE TO ANY PROPERTY, OR DAMAGE TO INTANGIBLES(DAMAGE TO BUSINESS, DEFAMATION, ETC.), INCLUDING ALL REASONABLECOSTS FOR INVESTIGATION AND DEFENSE THEREOF (INCLUDING, BUT NOTLIMITED TO, ATTORNEY FEES, COURT COSTS, AND EXPERT FEES), OF ANYNATURE WHATSOEVER ARISING OUT OF OR INCIDENT TO THIS AGREEMENT,WHICH ARE THE RESULT OF ACTS OF NEGLIGENCE OF CONSULTANT, ITSEMPLOYEES, OR AGENTS. CONSULTANT SHALL GIVE TO THE CITYREASONABLE NOTICE OF ANY SUCH CLAIMS OR ACTIONS. CONSULTANTSHALL USE LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE CITY INCARRYING OUT ITS OBLIGATIONS HEREUNDER. THE PROVISIONS OF THIS

SECTION SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THISAGREEMENT.

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8. Notices

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All notices and billings shall be in writing and sent to the following addresses:

To CITY: Max Duplant, Chief Financial Officer825 W. Irving Blvd.Irving, TX 75060

To CONSULTANT: Gideon ToalAttention: David Pettit500 West Seventh Street, Suite 1400

Fort Worth, TX 76102

9. General

9.1 The terms and conditions of Sections 3, 4, 6, and 7 hereof shall survive thetermination of this agreement or completion of the Services as the case may be.

9.2 CONSULTANT shall perform the Services as an independent contractor an

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