IrvingCC Packet 2010-11-11

8/8/2019 IrvingCC Packet 2010-11-11

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, NOVEMBER 11, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 11/11/2010 1

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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, NOVEMBER 10, 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 Robert Corser, Joy Fellowship FourSquare Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 48

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 THROUGH

551.076 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 Operations Update

CONSENT AGENDA

2 Approving Minutes of the Wednesday, October 20, 2010 Work Session

3 Approving Minutes of the Thursday, October 21, 2010 Regular Meeting

4 Resolution -- Authorizing the Mayor to Accept Funding from the Office ofthe Governor, Criminal Justice Division, for a Gang Initiative Grant

Administrative Comments

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

2. Impact: This grant will enhance the Police Departments ability to address gangactivity and reduce crime in areas known for gang activity.

3. This grant will provide overtime monies for officers to combat gang issues withinIrving

4. This grant is effective from November 1, 2010, through September 30, 2011.

5. The grant amount is $150,000.00 and there are no matching funds required fromthe City of Irving.

Recommendation

The resolution be approved.


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5 Resolution -- Authorizing the Mayor to Enter into an Agreement with theTexas Department of Public Safety/State Administrative Agency(DPS/SAA) to Receive and Participate in the Fiscal Year 2010 HomelandSecurity Grant Program


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

2. Impact: This grant will allow the City of Irving to continue funding and implementingemergency management and homeland security projects that significantly improvelocal and regional terrorism prevention, preparedness, response and recoverycapabilities.

3. The City of Irving has been awarded a FY2010 Homeland Security Grant Program(HSGP) sub-grant for a total of $944,949.44.

4. The award breakdown for this grant is as follows:

a. State Homeland Security Program - $139,050.00.

b. Urban Area Security Initiative - $485,723.00.

c. Citizens Corps Program - $2,757.44.

d. Metropolitan Medical Response System - $317,419.00.

5. The grant is for the period of August 1, 2010, to July 31, 2012.

6. The funding provided under this grant is 100% reimbursable pursuant to theconditions contained in the grant sub-recipient agreement with the Department ofPublic Safety/State Administrative Agency (DPS/SAA).

Recommendation



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6 Resolution -- Approving the Agreement Between the City of Irving, DallasCounty Department of Health and Human Services Older Adult ServicesProgram, and the Dallas Area Agency on Aging to Extend NutritionServices and Provide Daily Meals to Senior Citizens at the Heritage SeniorActivity Center through September 30, 2011


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

2. Impact: The agreement provides funding for daily hot meals for seniors at theHeritage Senior Activity Center, free of charge or with nominal donations accepted.The service agreement includes access to other services and benefits, such ascounseling services, information and referrals, health screenings, and otherresources provided through the Dallas Area Agency on Aging (DAAA) serviceprovider network.

3. The service is administered by the Dallas County Older Adult Services and fundedby the DAAA. The nutrition program is an important component, insuring a superior

quality of life to our senior citizens.4. The Parks and Recreation Department has included in the Heritage Senior Center

program budget $21,105.00 for the temporary salaries of two part time KitchenAids, who along with volunteers, prepare and serve meals. The agreement utilizesthe salaries to cover matching fund requirements.

5. Funding in the amount of $21,105.00 is available in the Heritage Senior CenterFund.

Recommendation


7 Resolution -- Reimbursing the City of Irving for Capital Expenditures forStreets, Parks, Libraries, Water/Sanitary Sewer Projects and MunicipalDrainage Public Improvements in Advance of the Fiscal Year 2011 BondSales


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

2. Impact: The approval of this resolution will allow the City to begin and finish certaincapital projects ahead of schedule.

3. The City wishes to begin certain projects included in the 2011 General Obligation,Water Sewer System and MDU Bond Programs in an effort to complete theseprojects at an earlier date.

4. The proposed reimbursement resolution allows the City to enter into contracts forthe projects listed in Exhibit A.


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5. The projects will be financed using currently available bond funds.

6. The reimbursement resolution provides that the funds advanced will be reimbursedwith proceeds from the FY 2011 Bond Sales.

Recommendation


8 Resolution -- Authorizing the Mayor to Waive the City of Irvings Allocationof State of Texas Recovery Zone Bonds



2. Impact: Approval of this resolution will allow the City to waive its allocation of the

Federal Recovery Zone Bonds.3. The American Recovery and Reinvestment Act of 2009 created Economic

Development Bonds and Recovery Zone Facility Bonds for use by cities andcounties for qualified economic development or business purposes.

4. The State of Texas received an allocation of $225 million to be distributed amongcertain counties and cities with a population greater than 100,000 and furtherdistributed based on employment declines in each jurisdiction compared withemployment declines in the state as a whole.

5. The City of Irving has a $2.9 million allocation of Recovery Zone EconomicDevelopment Bonds and a $4.3 million allocation of Recovery Zone Facility Bonds.

6. Jurisdictions that elect to issue these bonds must comply with the Davis-Bacon Actof 1931 which requires all federally funded public works projects to pay workers noless than the prevailing wages and fringe benefits for similar work in the area.

7. Staff recommends waiver of the entire allocation of Recovery Zone Bonds based onthe wage requirements of the Davis-Bacon Act.

8. The Texas Bond Review Board requires written notice of the Citys intent to waiveits bond allocation. This form must be signed by the Mayor or his authorizeddesignee.

Recommendation



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9 Resolution -- Approve Allocating Savings Associated with the Refundingof General Obligation Bonds as a Loan to Provide Payment Relief to aPortion of the Convention Center Certificates of Obligation, Series 2001and 2009, and the Terms of Repayment of the Loan.


1. This item supports Strategic Goals 3: Economic Development and 8: SoundGovernance

2. Impact: This resolution documents the Councils direction to use the savings andcapacity from the General Obligation refunding to cover the Convention Center COdebt service and provides a method for repayment from the 2% Hotel Occupancytax when that revenue exceeds debt service needs.

3. The City Council adopted an ordinance on December 9, 1999, which levied a taxupon the cost of occupancy of any room furnished by any hotel equal to 7% of theconsideration paid by the occupant of the room.

4. The ordinance also provided that the revenue derived from two-sevenths of thehotel occupancy tax be used for the purpose of planning, constructing andequipping a convention center project.

5. The City Council adopted an ordinance on October 4, 2001, authorizing theissuance and sale of Combination Tax and Hotel Occupancy Tax RevenueCertificates of Obligation, Series 2001 in an amount not to exceed $13,000,000 forthe purpose of acquisition of land for convention center facilities; and adopted anordinance on January 8, 2009 authorizing the issuance and sale of CombinationTax and Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2009 inan amount not to exceed $130,000,000 for the purpose of constructing andequipping the Convention Center.

6. The two-sevenths of the HOT revenue is no longer projected to be adequate tocover debt service due on the Convention Center Certificates of Obligation in the

near term.

7. The City Council intends to authorize restructuring of existing general obligationdebt and allocate savings and capacity associated with the restructured G.O. Bondsto provide payment relief to a portion of the 2001 Convention Center Certificates ofObligation and the 2009 Convention Center Certificates of Obligation through 2019so that the Citys tax rate will not increase as a result of the deficiency in the two-sevenths to make payments on the Convention Center Certificates of Obligation.

8. This resolution intends to create a mechanism for the internal loan from theConvention Center Certificates of Obligation Account in any year as is necessary topay the Convention Center Certificates of Obligation and the repayment of the loan

when the two-sevenths of the HOT revenue is in excess of the amount required tocover the debt service due in any year on the Convention Center Certificates ofObligations.

Recommendation



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10 Resolution -- Awarding a Professional Services Contract to Hidell andAssociates Architects for the Design and Implementation of the SouthIrving Library


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

2. Impact: This contract will provide architectural design for the construction of thethird new state-of-the-art library. The new library will be an environmentallysensitive and technologically advanced library to meet the needs of south Irving.

3. The full service architectural contract will provide completed constructiondocuments including structural, mechanical, electrical, plumbing and site civilengineering. The total contract cost including basic services, additional servicesand reimbursable expenses is $894,570.00 or 8.77% of the project construction andfurnishing costs.

4. The contract provides for the library to be designed as a LEED Certified building inconjunction with the United States Green Building Council as an environmentallysensitive building.

5. The South Irving Library project will include a $9.0 million construction budget and$1.2 million budget for fixtures, furnishing and equipment.

6. The design of the library will begin in November 2010 and the design will becompleted by August 2011 to facilitate the completion of construction in late 2012.

7. The project will include a liquidated damages clause for $200.00 per day if thearchitects do not meet their completion deadline of August 2011.

8. The Library Board endorsed the selection of Hidell and Associates Architects.9. Funding in the amount of $894,570.00 is available in the Library Bond Fund.

Recommendation



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11 Resolution -- Awarding a Contract to RKM Utility Services, Inc., for 2009Water Main Replacement Section III Project


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

2. Impact: This project provides for the continued maintenance and improvement of thecitys water system.

3. As bid, this project would replace approximately 4,700 linear feet of deteriorated watermain. This will include replacement of services, valves, and fire hydrants along thefollowing streets:

a. W. Fifteenth Street from Franklin Street to Rindie Street

b. Franklin Street from W. Vilbig Street to W. Fourteenth Street

c. Robinson Street from W. Oakdale Road to W. Vilbig Street

d. Fowler Street from W. Grauwyler Road to 1620 Fowler Street

e. Pennington Street from N. Harvard Street to Witton Street

4. Staff recommends awarding only three of the five locations at this time. Staff will workunder a new investigative initiative to replace both water and sewer at the same time, ifneeded. Under this new initiative staff believes that two of the five locations (FifteenthStreet and Robinson Street) have sewer mains that need to be replaced. Staff willproceed to design the sewer replacements for these two streets and include them in abid package for the water and sewer to be replaced at the same time later this fiscalyear. Replacing both water and sewer on streets when needed is good customerservice and sound governance.

5. The lowest responsible and responsive bidder was RKM Utility Services, Inc., in theamount of $443,608.00 for all five locations. It is recommended the project be awarded

to RKM Utility Services, Inc., in the amount of $296,365.33 for the replacement of thewater mains along Franklin, Pennington and Fowler Streets only, based on theirsubmitted bid tabulation removing Fifteenth and Robinson Streets. An additional$3,634.67 is needed for testing, bringing the total cost of the project to $300,000.00.This is $100,000.00 (25%) below the funding allocated for these three streets.

6. The contractor has agreed to accept the bid award as recommended.

7. Funding in the amount of $300,000.00 is available in the Water Improvement BondFund.

Recommendation



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12 Resolution -- Awarding a Contract to SYB Construction Inc., for the HardRock Road and Pioneer Drive Paving Improvements Phase 1A Project


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

2. Impact: This project provides for the continued maintenance and improvement ofthe citys street pavement, water and wastewater systems.

3. This project will include 5,500 square yards of reinforced concrete paving, watermain relocation, wastewater main relocation, drainage piping and structures, andretaining walls from Conflans Road toward the north, approximately 1,300 linearfeet.

4. The lowest responsible and responsive bidder was SYB Construction Inc., in theamount of $923,089.98. An additional $9,910.02 is needed for testing, bringing thetotal cost of the project to $933,000.00. This is $216,310.02 (19%) below thefunding allocated for this project.

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

6. This project facilitates the development of new housing opportunities.

7. Funding in the amount of $933,000.00 is available in the Street Improvement BondFund, Water Improvement Bond Fund and Sanitary Sewer Bond Fund.

Recommendation


13 Resolution -- Approving a Sales Contract for the Acquisition of PropertiesLocated at 123 West Irving Boulevard and 100 Rock Island Road


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

2. Impact: The acquisition of these properties utilizing the North Central TexasCouncil of Governments matching funds will allow the city to landbank the propertyfor future development in Heritage Crossing.

3. The North Central Texas Council of Governments (NCTCOG) awarded the City ofIrving $1.0 million in funding pursuant to Resolution No. 4-3-08-138 for the Heritage

District Sustainable Development Landbanking Project. The agreement requiresthe city to match with $250,000.00 toward the landbanking project.

4. The properties located at 123 W. Irving Boulevard and 100 Rock Island Road arecontiguous lots located at the corner of Irving Boulevard, Main Street and RockIsland Road directly south of the TRE Commuter Rail Station.

5. The acquisition of these properties located within Heritage Crossing was discussedat the Heritage Crossing Communications Committee meeting on November 8,2010.


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6. The properties have been appraised at $640,000.00 and the property owner hasagreed to sale at the appraised value, plus closing costs not to exceed $10,000.00.

7. NCTCOG has approved the purchase of these properties under the terms of theagreement and has issued a notice to proceed.

8. Funding in the amount of $650,000.00 is available in the Economic DevelopmentFund.

Recommendation


14 Resolution -- Approving a Sales Contract for the Acquisition of PropertyLocated at 124 South OConnor Road



2. Impact: The acquisition of this property utilizing the North Central Texas Council ofGovernments matching funds will allow the city to landbank the property for futuredevelopment in Heritage Crossing.

3. The North Central Texas Council of Governments (NCTCOG) awarded the City ofIrving $1.0 million in funding pursuant to Resolution No. 4-3-08-138 for the HeritageDistrict Sustainable Development Landbanking Project. The agreement requiresthe city to match with $250,000.00 toward the landbanking project.

4. The property located at 124 S. OConnor Road is located at the northeast corner

OConnor Road and W. Second Street.

5. The acquisition of this property located within Heritage Crossing was discussed atthe Heritage Crossing Communications Committee meeting on November 8, 2010.

6. The property has been appraised at $220,000.00 and the property owner hasagreed to sale at the appraised value, plus closing costs not to exceed $10,000.00.

7. NCTCOG has approved the purchase of this property under the terms of theagreement and has issued a notice to proceed.

8. Funding in the amount of $230,000.00 is available in the Economic DevelopmentFund.

Recommendation



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15 Resolution -- Approving a Fee Agreement with Omni Mandalay Hotel at LasColinas in Connection with the 14th Annual Transportation andInfrastructure Summit



2. Impact: This fee agreement will provide hotel, food, beverages, and conference

services in connection with the 14

th

Annual Transportation and InfrastructureSummit scheduled for August 9-12, 2011.

3. Funding in the amount of $117,612.00 is available in the Transportation SummitGeneral Fund.

Recommendation


16 Resolution -- Adopting the City of Irvings Legislative Program for the 201182nd Session of the Texas Legislature



2. Impact: This comprehensive legislative program is designed to enhance andsustain our city government during the legislative session.

3. The 82nd Texas Legislature will convene in January of 2011.

4. It is anticipated that many legislative issues affecting local government such as thefiscal soundness and sustainability of government, public safety, responsible andeffective code enforcement, land use authority, successful economic developmenttools and infrastructural funding for our roads and waterways will all be subjectmatter to be acted upon by the Texas Legislature this session.

5. The City Council Legislative Committee reviewed potential issues for the upcomingsession and recommended approval of a resolution adopting the 2011 LegislativeProgram for the Legislatures and other interested stakeholders consideration.

6. Staff will initiate advocacy efforts to accomplish and further the Citys legislativeneeds.

7. The City will form strategic partnerships and work in coordination with other cities,the Texas Municipal League, and private sector entities to support the legislativeprogram.

Recommendation



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17 Resolution -- Awarding an Engineering Services Agreement with DeltatekEngineering for Services Associated with the Rehabilitation of Tank No. 4at the Hackberry Pump Station and the Northwest Elevated Storage Tank


1. This item supports Strategic Goal No. 9: Infrastructure Network.2. Impact: This agreement will provide engineering services required to rehabilitate

Tank No. 4 at the Hackberry Pump Station and the Northwest Elevated Tank.

3. Deltatek Engineering will provide design documents and construction services forthe rehabilitation of these tanks. Ambient air monitoring will also be provided duringrehabilitation of the Northwest Elevated Tank.

4. Inspections of Tank No. 4 at the Hackberry Pump Station verified that there iscorrosion occurring within the tank and that structural repairs need to be addressed.

5. The exterior of the Northwest Elevated Tank was last painted in 1987 and needs tobe repainted. Additional work includes installation of a safety rail on top of the tankas well as an inlet modification that will improve water quality. These projects arevital to the operations of Water Utilities in extending the life of these tanks.

6. Deltatek Engineering was selected through the RFQ process. They haveexperience executing projects similar to this one, including previous projects inIrving.

7. Funding in the amount of $99,940.00 is available in the Water and Sewer Non-BondCIP Fund.

Recommendation


18 Resolution -- Approving Oncor Electric Delivery Company LLC FacilitiesExtension Agreement for the Extension of Non-Standard Delivery SystemFacilities to the Irving Convention Center



2. Impact: This agreement is critical to the successful operations of the IrvingConvention Center, which will impact the City of Irving residents by generating

additional visitor spending in Irving.

3. Council Resolution No. RES-2010-64 (March 4, 2010) approved an initial FacilitiesExtension Agreement (FEA) with Oncor Delivery Company LLC for the primarysource of power to the ICC utilizing the new duct bank from Fuller Drive along LasColinas Blvd.

4. This FEA is for Oncor to provide non-standard delivery system facilities to the IrvingConvention Center, for a secondary source of power to enable the facility tocontinue to operate should there be a disruption to the primary source of power.


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5. Cost for this secondary FEA is $243,899.00, bringing the total cost of electricalservice delivery for the ICC to $306,384.00. This amount is within the projectbudgets soft costs.

6. Funding in the amount of $243,899.00 is available in the Convention CenterConstruction Bond Fund.

Recommendation


19 Resolution -- Approving and Accepting Bid of Partners by Design, LLC forPortable Food Service Carts for the Irving Convention Center


1. This item supports Strategic Goal No. 3: Economic Development; 3.1 PromoteIrving as a visitor destination.

2. Impact: The portable food service carts are critical to the successful food andbeverage operations of the Irving Convention Center, which will impact the City ofIrving residents by generating additional visitor spending in Irving.

3. The portable food service carts are an integral part of the routine day-to-day foodservice operations of the building, enabling efficient and diverse food service forclients in all areas of the facility, i.e., pre-function areas, meeting rooms, exhibit hall,outside terraces, etc.

4. To date, eleven solicitations have been processed and awarded for Furniture,Fixtures, and Equipment (FF&E) items for the Irving Convention Center. Thisrecommendation has been prepared by the facility operator, SMG, based upon the

selection method and evaluation criteria detailed in the bid (see attachedspreadsheet). SMG is responsible for oversight of the purchasing process incooperation with the City of Irving Purchasing Office.

5. Funding for FF&E is part of the overall project budget and this award is within theestimated cost.

6. Funding in the net amount of $93,935.00 is available in the Convention CenterBond Fund.

VendorFY10-11Est. Exp.

TotalEst. Exp.

Partners by Design, LLC

$93,935.00 $93,935.00

Recommendation



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20 Resolution -- Authorizing the Submittal of a Substantial Amendment to the2009-2014 Consolidated Plan to the U.S. Department of Housing and UrbanDevelopment for the Use of Federal Funding in Support of PublicImprovements


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

2. Impact: The amendment authorization will allow for public improvement projectsthat support neighborhood redevelopment, revitalization and basic infrastructureenhancements.

3. The City Council adopted the FY 2009-10 Housing and Human ServicesDepartment Annual Action Plan and the FY 2009-2014 Consolidated Plan on July23, 2009, which included the authorization to use $275,000 of CommunityDevelopment Block Grant (CDBG) funding for public improvement projects.

4. The Housing and Human Services Board approved the allocation of CommunityDevelopment Block Grant (CDBG) funds for Public Improvements in the target areaof MacArthur Boulevard as part of the FY 2009-10 Action Plan at the July 15, 2009meeting. Initially the funds were allocated for street lighting but after determiningthat ownership would be with the utility provider, the Capital ImprovementsDepartment researched and recommended fencing enhancements. Therecommended corridor fencing is within the same target area along both sides ofMacArthur Blvd. between 6th Street and Markwood Park. The project, whichcoincides with the City Councils key focus area of Corridor Enhancements, calls forthe construction of approximately 2,400 linear feet of treated cedar fencing, withstone column accents at an estimated cost of $274,000.

5. Housing and Human Services staff has evaluated the project and determined that itis an eligible, reasonable, and prudent usage of these grant funds. This project isbeneficial in that it not only includes neighborhood buffering, and enhancements but

the removal of existing dilapidated/substandard fencing.6. A briefing to update the HHS Board of the revised usage of these public

improvement funds was provided at the September 15, 2010 meeting. Additionally,this item was presented as a staff recommendation for approval at the October 20,2010, meeting, and the HHS Board voted not to endorse the staff recommendation.The vote was 4-3 (Against Jenkins, Faust, Smith, DiPietro; For Dickens,Beeman, Shlipak)

Recommendation



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Bids & Purchasing ItemsItems 21 - 30

21 Resolution -- Renewing Annual Contracts with Stark Holding, Inc.,(formerly Eurostaff) and Trend Personnel Services, Inc., (formerlyBusiness Professional Staffing) for Temporary Personnel Services



2. This item has been recommended by Management Operations Team Performance Team.

3. Impact: Use of temporary personnel enables the City to respond to fluctuatingprogram needs and demands in an efficient and cost effective manner. Up to 15%lower rates were negotiated with the primary vendor for Category One - Clerical andCategory Two Labor, and up to 20% lower rates were negotiated with the backupvendor for Category One Clerical.

4. Lower rates were negotiated to better serve the Citys needs and to assurecompetitive pricing as more qualified candidates are willing to work for lower ratesdue to current economic conditions. Requests for temporary employees have beenfilled in a timely manner and current billing has been about 11% below the industryaverage.

5. This renewal establishes the continuation of an annual contract to providetemporary personnel services for the City.

6. Funding in the net estimated annual amount of $170,175.00 for this two-yearcontract is available in Various Funds.


FY11-12Est. Exp.

FY12-13Est. Exp.

TotalEst. Exp.

Stark Holding, Inc. (formerly EuroStaff)primary for Category One-Clerical andCategory Two- Labor $107,812.50 $129,375.00 $21,562.50 $258,750.00

Trend Personnel Services, Inc. (formerlyBusiness Professional Staffing) backup for Category One-Clerical $ 34,000.00 $ 40,800.00 $ 6,800.00 $ 81,600.00

Total Amount $141,812.50 $170,175.00 $28,362.50 $340,350.00

Recommendation



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22 Resolution -- Renewing Annual Contract with Intelight, Inc., for AdvancedTraffic Signal Controllers


1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:Infrastructure Network.

2. This item has been recommended by Intergovernmental Services Public Works &

Transportation.3. Impact: This contract provides the necessary resources to expedite replacement of

damaged controllers and CPU modules in traffic signals to maintain and enhancemotorist safety. Having this contract in place also expedites new traffic signalinstallations to support city growth requirements concerning residential, business,and school district needs.

4. This renewal establishes the continuation of an annual contract to provide the hightechnologically advanced controllers, CPUs, and power supplies necessary fortraffic signal operations. The original contract was awarded on the basis ofcompetitive bids.

5. Funding in the net estimated annual amount of $70,689.96 for this one-yearcontract will be from the Street Improvement Bond Fund.


FY2011-12Est. Exp.

TotalEst. Amt.

Intelight, Inc. $47,600.00 $23,089.96 $70,689.96

Recommendation


23 Resolution -- Renewing Annual Contract with Structural & Steel Products,Inc., for Standard Dark Bronze Signal Pole Assemblies


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

Infrastructure Network.2. This item has been recommended by Intergovernmental Services - Public Works &

& Transportation.

3. Impact: This contract provides the necessary resources to expedite replacement ofdamaged traffic signal pole structures to maintain and enhance motorist safety.Having this contract in place also expedites new traffic signal installations to supportcity growth requirements concerning residential, business, and school districtneeds.


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4. This renewal establishes the continuation of an annual contract to provide superand sub-structure components necessary for traffic signal pole structures. Theoriginal contract was awarded on the basis of competitive bids.

5. Funding in the net estimated annual amount of $117,420.00 for this one-yearcontract will be from the Street Improvement Bond Fund.

Vendor

FY2010-11

Est. Exp.

FY2011-12

Est. Exp.

Total Est.

Amt.Structural & Steel Products, Inc. $70,452.00 $46,968.00 $117,420.00

Recommendation


24 Resolution -- Renewing Annual Contract with MasTec North America, Inc.,for Freeway and Street Lighting Maintenance and On-Call Services



2. This item has been recommended by Intergovernmental Services Public Works &Transportation.

3. Impact: This contract provides the monthly maintenance and repair services of theexisting roadway illumination facilities along the freeways contained within the Cityin support of motorist safety and public security.

4. This renewal establishes the continuation of an annual contract to provide monthlyroutine maintenance and 24-hour on-call trouble-shooting and repairs for roadwayillumination facilities. The original contract was awarded on the basis of competitivebids.

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

6. Funding in the net estimated annual amount of $210,660.60 for this one-yearcontract will be from the General Fund.

Vendor FY2010-11Est. Exp. FY2011-12Est. Exp. Total Est.Amt.MasTec North America, Inc. $175,550.50 $35,110.10 $210,660.60

Recommendation



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25 Resolution -- Renewing Annual Contract with Consolidated TrafficControls, Inc., for Vehicle Traffic and Pedestrian Signal Heads



2. This item has been recommended by Intergovernmental Services Public Works &

Transportation.3. Impact: This contract provides the necessary resources to expedite replacement of

damaged existing traffic signals to maintain and enhance motorist safety. Havingthis contract in place also expedites new traffic signal installations to support citygrowth requirements concerning residential, business, and school district needs.

4. This renewal establishes the continuation of an annual contract to provide thevehicular heads, countdown pedestrian heads, back plates, visors, and associatedmounting hardware components necessary for repair and installations of trafficsignals. The original contract was awarded on the basis of competitive bids.

5. Funding in the net estimated annual amount of $72,973.70 for this one-year

contract will be from the General Fund.


FY11-12Est. Exp.

TotalEst. Exp.

Consolidated Traffic Controls, Inc. $48,288.96 $24,684.74 $72,973.70

Recommendation


26 Resolution -- Renewing Annual Contract with Air-Conditioning InnovativeSolutions, Inc., for Chilled Water Compressor Annual Maintenance andService



2. This item has been recommended by Intergovernmental Services & Public Works -HVAC.

3. Impact: This contract allows for the annual preventative maintenance of the chilledwater compressors, which maintains the energy efficiency of the equipment andreduces downtime from equipment failures.

4. This renewal establishes the continuation of an annual contract to provide theannual inspection and maintenance of two units located at the Civic Center, twounits located at the Central Library, and three units located at the Criminal JusticeCenter. The original contract was awarded on the basis of competitive bids.


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5. This renewal also includes the budgeted teardown and inspection of onecompressor located at the Civic Center.

6. Due to the complex nature of these machines, it is necessary to outsource theseservices, as the City does not have staff trained to do this type of maintenance andteardown. It would not be cost effective to hire and train an individual to work on thismachinery only one time a year.

7. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on this

award is 100%.8. Funding in the net estimated annual amount of $51,006.00 for this one-year

contract is from the General Fund. Due to the seasonal nature of this contract, allexpenditures are expected to occur in FY2010-11.


TotalEst. Exp.

Air-Conditioning Innovative Solutions, Inc

$51,006.00 $51,006.00

Recommendation


27 Resolution -- Approving an Agreement Between the City of Irving and HuntCounty to Establish a Mutual Cooperative Purchasing Program



2. This item has been recommended by Intergovernmental Services & Public Works Purchasing.

3. Impact: Entering into this mutual cooperative purchasing agreement allows bothgovernmental entities to utilize each others contracts for various goods andservices for anticipated savings to each entity.

Recommendation



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28 Resolution -- Approving and Accepting the Bid of Great Southwest Meters,Inc., for an Annual Contract to Provide Large Water Meter Testing andRepair


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

2. This item has been recommended by Water Utilities.

3. Impact: This service ensures that large water customer meters are tested foraccuracy to reduce loss of revenue to the City.

4. When water meters begin to fail, they generally read low and under report theamount of water used by the customer. Water Utilities has a program to test andrepair large meters at least every three years to ensure accurate accounting ofwater used.

5. Based on estimated annual usage, bid pricing is approximately $41,000.00 lowerthan the previous contract.

6. This award establishes an annual contract for the continuation of large water metertesting and repair.

7. Funding in the net estimated annual amount of $108,964.72 for this one-yearcontract will be from the Water and Sewer System Non-Bond CIP Fund.


FY2011-12Est. Exp.

TotalEst. Exp.

Great Southwest Meters, Inc. $100,760.00 $8,204.72 $108,964.72

Recommendation



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29 Resolution -- Approving the Single Source Award to Black Box NetworkSolutions for the Purchase of an E911 Alert System


1. This item supports Strategic Goals No. 4: Safe and Secure City, No. 6: EffectiveCommunications, and No. 9: Infrastructure Network.

2. This item has been recommended by Information Technology.

3. Impact: Incorporating an E911 alert system will enhance our current phonesystems so that in the event a 911 call is placed from a City phone, the specificlocation will be identified to provide quick response for emergency responders.

4. Currently, when a 911 call is made from a City phone, the only information providedto Dispatch is the physical address; this upgrade will provide the address, building,floor, and department that the call is coming from.

5. Funding in the net amount of $177,888.00 is available in the FY2010-11Miscellaneous Grant Fund and the Non-Bond CIP Fund.


TotalEst. Exp.

Black Box Network Solutions

$177,888.00 $177,888.00

Recommendation


30 Resolution -- Approving an Accepting the Bid from Unica JanitorialServices for an Annual Contract to Provide Custodial Services for theIrving Arts Center


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

2. This item has been recommended by Arts Center.

3. Impact: Custodial services provide clean and attractive facilities for residents andvisitors attending various events and performances at the Arts Center.

4. By outsourcing this service, the Arts Center is able to improve efficiency ofoperations by providing more hours of service coverage on a more flexible scheduleinsuring that facilities are clean and ready for various events held on a daily basisseven days a week.

5. This award establishes an annual contract for the provision of custodial services forthe Irving Arts Center.


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

7. Funding in the net estimated annual amount of $78,492.00 for this one-yearcontract will be from the Irving Arts Center General Fund.


FY11-12Est. Exp.

TotalEst. Exp.

Unica Janitorial Services $72,450.00 $ 6,042.00 $78,492.00

Recommendation


End of Bids

31 Ordinance -- Waiving the Statutory Maximum Contribution Rate to theTexas Municipal Retirement System Under Chapter 855 of the TexasGovernment Code.



2. Impact: Approval of this waiver will maintain Irvings competitive position inrecruiting new employees by preserving expected benefits for employees retiring in2011.

3. The full time employees of the City of Irving, including Police and generalgovernment, but not including Firefighters) are covered by the Texas MunicipalRetirement System. This System is funded by contributions from both theparticipating cities (of which Irving is one), and the employees.

4. TMRS is a state-wide system and is administered by a board and staff located inAustin, Texas.

5. The TMRS staff has determined that the City of Irvings contribution rate for 2011 is15.86% of participating employees salaries, up from 15.31% in the current year.

6. In 1997, the City of Irving passed an ordinance to increase its contribution rate toTMRS to the 15.50% level. This ordinance will allow contributions to be increasedto the 15.86% level for 2011.

7. Due to projected changes in the accounting system of TMRS, the 2011 calendaryear will be the only year affected. Without this change, though, employees whoretire in 2011 face sharply reduced benefits, a large contingent of experiencedemployees and police officers would probably retire in December 2010 affectingoperations, and a sharp diminishment in retirement benefits would negativelyimpact recruitment efforts, particularly for high quality police officers in the verycompetitive job market that makes up North Texas.

Recommendation

The ordinance be adopted.


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32 Ordinance -- Consider and Take Action on an Ordinance Authorizing theIssuance of City of Irving, Texas, General Obligation Refunding andImprovement Bonds, Series 2010A, in an Aggregate Principal Amount Notto Exceed $41,600,000; Providing for the Award of the Sale Thereof inAccordance with Specified Parameters; Authorizing the Execution and

Delivery of a Purchase Contract Relating to Said Bonds; Authorizing theExecution and Delivery of a Paying Agent/Registrar Agreement, an EscrowAgreement and a Disclosure Counsel Engagement Letter; Approving theOfficial Statement; and Enacting Other Provisions Incident and Relating tothe Subject and Purposes of This Ordinance



2. Impact: Approval of the Ordinance will provide financing for an array of publicimprovements including Streets, Parks and Libraries.

3. The Ordinance provides new money General Obligation Bonds in an amount not toexceed $6,600,000 for permanent public improvements. The Ordinance also allowsfor refunding of existing general obligation debt in an amount not to exceed$35,000,000.

4. Savings from the refunded G.O. Bonds will provide payment relief to the 2009Convention Center Certificates of Obligation through 2019.

5. The bonds currently have an average interest rate of 4.6%. After refinancing, theaverage interest rate is anticipated to be 3%.

6. If approved, funding from the negotiated sale should be received before the end ofthe year.

Recommendation



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33 Ordinance -- Consider and Take Action on an Ordinance Providing for theIssuance of City of Irving, Texas, Waterworks and Sewer System New LienRevenue Refunding and Improvement Bonds, Series 2010, in an AggregatePrincipal Amount Not to Exceed $76,000,000; Providing for the Award ofthe Sale Thereof in Accordance with Specified Parameters; Authorizing theExecution and Delivery of a Bond Purchase Agreement Relating to SuchBonds; Authorizing the Execution and Delivery of a Paying

Agent/Registrar Agreement, a Disclosure Counsel Engagement Letter andan Escrow Agreement; Approving the Official Statement and EnactingOther Provisions Incident and Relating to the Subject and Purposes ofThis Ordinance



2. Impact: Approval of the ordinance will allow the City to move forward on variouswater and sewer capital projects and take advantage of favorable interest rates onexisting debt.

3. The Ordinance provides the issuance of new money in an amount not to exceed$28,000,000. The Ordinance also allows for refunding of existing revenue bonddebt in an amount not to exceed $48,000,000 with a Present Value savings (PV) ofat approximately $4.3 million. The current average interest rate on the outstandingbonds is 5%. After refinancing, the average interest rate will be approximately2.3%. Percentage savings on the refunded bonds is estimated to be 8.9%.

4. If approved, funding from the negotiated sale should be received before the end ofthe year.

Recommendation


34 Ordinance -- Amending Subsections (A) and (C) of Section 20-3 andSubsection (B)(4) of Section 20-4 of Chapter 20 Entitled "Library" of theCode of Civil and Criminal Ordinances of the City of Irving, Texas, byIncreasing the Voting Members from Seven (7) to Nine (9) and Providingfor Voting; and Providing a Severability Clause



2. Impact: The Irving Public Library Boards purpose is to serve as a voice of thecitizens on matters pertaining to library-related issues within the City.

3. Currently there are seven members on the board; the recommendation is toincrease the number of members to nine, one of which will be appointed by theFriends of the Library Board.

Recommendation



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35 Ordinance -- Final Reading -- Granting a Franchise to B & B Waste Transit,Inc., for Solid Waste Collection Services Pursuant to Chapter 33 of theCode of Civil and Criminal Ordinances of the City of Irving, Texas


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

2. Impact: This franchise will authorize B & B Waste Transit, Inc., to provide waste

hauling services to various businesses throughout the City of Irving.3. B & B Waste Transit, Inc., has been in the commercial solid waste collection service

for over 7 years. They currently have 150 front load containers and 7 roll-offcontainers in Irving. The insurance requirements set forth in the ordinance havebeen met.

4. This franchise agreement establishes operational guidelines for dumpstercleanliness, litter control, limits service times near residential areas, requestscoordination of collection times in school zones and, in general, sets in place somecommon industry practices.

5. The franchise fee to be assessed is 5% of gross revenues for business generated

in servicing dumpsters, roll-off containers, compactor containers, or collecting andhauling in open top trucks on waste collected within the City of Irving.

Recommendation


36 Ordinance -- Authorizing the Abandonment of a 16-Foot Alley BetweenWest Irving Boulevard and West Rock Island Road, West of Main Street


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

2. Impact: This abandonment will allow for redevelopment of property within HeritageCrossing.

3. The requirements of the City of Irving have been satisfied and there are noobjections to the request.

4. An underground Utility Easement will be retained.

Recommendation



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37 Ordinance -- Authorizing the Abandonment of a Portion of Tucasa Drivefrom State Highway 183 to Approximately 1142 Feet South



2. Impact: The abandonment of Tucasa Drive will improve safety by eliminating trafficthrough an industrial operation and will allow incorporation of the abandoned right-

of-way into a future redevelopment.3. Staff presented a proposed abandonment of Darr Street to the Public Works

Committee at their August 24, 2005, meeting. Access to the apartment complex(Tucasa), the construction of a cul-de-sac, and the need to retain a utility easementwere discussed. The committee authorized staff to further pursue theabandonment.

4. To mitigate the anticipated negative impact of the change in access to the TucasaTownhomes, Darr Street was renamed to Tucasa Drive by Resolution 6-29-06-237,at the agreement of both the Holt Texas Properties, Inc., ownership and the TucasaTownhomes ownership.

5. As of May 24, 2010, Holt Texas Properties, Inc., has completed the required cul-de-sac and dedicated the necessary right-of-way to provide a turn-around at the end ofTucasa Drive.

6. The city will retain a utility easement within the area to be abandoned.

7. The abandoned Tucasa right-of-way must be platted to be incorporated intoapplicants remainder property prior to the issuance of any building permit onproperty that is adjacent to the abandoned street.

8. The applicant will dedicate a water main easement to accommodate the relocationof the citys Jameson water supply line.

Recommendation



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39 Resolution -- Approving Special Sign Permit #S1009-0047 to Allow DigitalSigns on Existing Theme Tower - Property Located at 2190 East JohnCarpenter Freeway - Clear Channel Outdoor, Applicant - Greater Irving-LasColinas Chamber of Commerce, Agent


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

2. Impact: If approved, the existing advertising structure will be upgraded to a digitaldisplay, and the area of the signs will be reduced. This is the third and last tower onthe site.

3. The installation of digital signs is prohibited by Section 7-4(21) of the City of IrvingCode of Civil and Criminal Ordinances.

4. Section 7-15 of the City of Irving Code of Civil and Criminal Ordinances authorizesCity Council to grant a special sign permit for a digital display.

5. The applicant requests approval to install a 20-foot high by 60-foot wide digital faceto the existing sign at 2190 E. John W. Carpenter Freeway. This is an identical sign

as at 2202 North Loop 12, and smaller than the existing sign at 2303 E. JohnCarpenter Freeway previously approved by the City Council.

6. The height, location and setback of the sign will remain the same.

Recommendation


40 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 (Postponed at the September 23, 2010City Council Meeting)



2. Planning and Zoning Commission Hearing Date and Action: May 17, 2010 Denial8-0 (Commissioner Allen absent). The applicant has appealed that decision to theCity Council.

3. The applicant requests a variance from Sec. 15-15, Use of barbed wire or

electrically charged fences, of the Land Development Code, which does not allowan electric fence. The applicant is proposing to install an electric fence inside thesecond chain-link fence along the Belt Line Road frontage of the property andaround the perimeter of the facility.

4. The property is developed as a trucking terminal with warehouses and truckstorage. Seven-foot tall 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 security fences.


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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. Staff is concerned about the appearance of an electric fence at a significantentrance into the city. Such a fence can create a negative perception about thesafety of an area and the need for such measures. Other less obtrusive securitymeasures are available other than erecting an electric fence.

7. The applicant has agreed to the request from the Fire Department to provide Knoxboxes at each of the three entrances to the site.

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.

Recommendation

The application be denied.

41 Ordinance -- Zoning Case #ZC10-0035 - Granting S-P-2 (Generalized SitePlan) for R-7.5 (Single Family) Uses - Approximately 1.9 Acres Located at1328 Etain Road - Jose Rodriguez, Applicant/Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: October

18, 2010 Favorable (7-0; Commissioners Randall and Fischer, absent).3. The applicant is requesting to rezone the property for two single family residences.

4. The Comprehensive Plan recommends Low Density Residential uses for thisproperty. This request is in conformance with the Comprehensive Plan.

5. This property is currently zoned R-7.5. The proposed subdivision of this tract meetsor exceeds the R-7.5 minimum requirements. Prior to last year, this property couldhave been platted as proposed by the applicant without the need for a publichearing. However, in September 2009 the City Council approved theneighborhood protection ordinance, an amendment to the Subdivision Ordinancethat requires rezoning whenever a plat or replat for single family uses proposes to

create lots that are less than 80% of the average area or width of adjacentdeveloped lots. This provides an opportunity for neighborhood input and CityCouncil discretion when these unique infill development opportunities occur.

6. The applicant is proposing a minimum lot width of 88 feet. The three lots to thenorth, the three lots to the south, and the two lots across the street (the lots that areto be considered for purposes of the Neighborhood Protection Ordinance) range inwidth from 69 feet to 180 feet, with an average of 112 feet. Since the proposed lotwidth of 88 feet is less than 80% of 112 feet (89.6 ft.) rezoning is required beforethe property can be divided. The proposed lot areas of the two lots (41,343 sq. ft.


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and 41,437 sq. ft.) exceed 80% of the average area of the surrounding lots (29,798sq. ft.).

7. The site plan addresses seven stipulations from the Planning and ZoningCommissions infill policy as follows:

a) Minimum air conditioned living area shall be 1,800 square feet.b) A minimum of two (2) car garage with a minimum of 400 square feet will be

required for each residence. A minimum of 2 additional off-street parking

spaces shall be provided behind the front property line;c) A minimum of 50% of the required front and side yard areas adjacent to any

street shall be covered with grass, ground cover or other natural vegetation;d) Maximum lot coverage by buildings, driveways and parking shall be 60%;e) Exterior wall surfaces, exclusive of doors and windows, shall be 80% masonry

(including brick, stone, stucco, and cementitious siding). The use of EIFS isprohibited.

f) Minimum roof pitch shall be 5:12;g) A minimum of one (1) four inch caliper tree shall be provided in the front yard of

each lot.

8. All other requirements of the R-7.5 district will be met. Platting is required prior to

development.

9. Public notices were sent to thirty-one (31) property owners, with three (3) responses

in favor and two (2) opposition received. The opposition represents 12.51% of thearea within 200 feet.

Recommendation

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

42 Ordinance -- Zoning Case #ZC10-0038 - Granting S-P-1 (Detailed Site Plan)for R-AB (Restaurant with Accessory Use of the Sale of AlcoholicBeverages for On-Premise Consumption) Uses - Approximately 2,273Square Feet Located at 975 West John W. Carpenter Freeway - D.C.Rightside, Applicant - Dunhill Partners, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: November1, 2010 Favorable, 6-0 (Commissioners Randall, Gregory and Allen absent).

3. The applicant is requesting a zoning change to allow the accessory use of alcoholicbeverage sales for on-premise consumption.

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

5. The subject property is an existing Smashburger restaurant in the Las ColinasVillage development in a multi-tenant building. The applicant proposes adding 22patio seats for a total of 98 seats; 39 parking spaces are required and provided.


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6. The new restaurant requires more parking than the previous occupant. However,the Las Colinas Village Shopping Center has the capacity to meet the parkingrequirements.

7. The zoning request complies with all requirements of the S-P-1 for R-AB ordinance.

8. Public notices were sent to two (2) property owners with one (1) letter received insupport and none opposition.

Recommendation


43 Ordinance -- Zoning Case #ZC10-0040 - Granting S-P-1 (Detailed Site Plan)for ML-20 (Light Industrial) Uses - Approximately 1.8 Acres Located at2436 River Hill Road - JDJR Engineers, Applicant - AAA Auger Holdings,Inc., Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: November1, 2010 Favorable, 6-0 (Commissioners Randall, Gregory and Allen, absent).

3. The applicant is requesting a zoning change to allow a reduced setback betweenbuildings.

4. The Comprehensive Plans Future Land Use Map recommends Commercialusesfor this property. This request is in conformance with the Comprehensive Plan.

5. The property is occupied with a construction company with three existing buildings.The applicant is proposing an additional 3,000 sq. ft. building fronting on River Hill.

The ML-20 zoning district requires a minimum of 30 feet between detachedbuildings. The applicant is proposing a minimum 13.9 foot separation betweenbuildings. Since this building will be used as an office, the decreased distance isappropriate.

6. Additionally, the applicant is requesting a reduction from the 30 foot front setback toa 28 foot setback for the location of the existing building on the east side torecognize the existing condition. All new buildings will still require a 30 foot setback.

7. The site plan notes that once the new office building is completed, the formerresidence on River Hill that is being used as an office but has fallen into disrepairmust be demolished.

8. The concept plan notes that the property will comply with required landscaping andwill be installed as shown on the concept plan. With landscaping and no variancesto the commercial design standards proposed, staff can support the request.

9. Public notices were sent to twenty-three (23) property owners, with two (2) letters insupport and none in opposition received.

Recommendation



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44 Ordinance -- Zoning Case #ZC10-0044 - Granting S-P-1 (Detailed Site Plan)for Wall Signs - Approximately 0.21 Acres Located at 212 West IrvingBoulevard - JPT Graphics, Applicant/Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: November

1, 2010 Favorable, 6-0 including the waiver of the application fee (CommissionersRandall, Gregory and Allen, absent).

3. The applicant is requesting a zoning change to allow wall signs on the three non-street frontage sides of the building in the Heritage Crossing RedevelopmentDistrict.

4. The Comprehensive Plans Future Land Use Map recommends Heritage CrossingRedevelopment Districtuses for this property. This request is in conformance withthe Comprehensive Plan.

5. The existing building is now occupied with a graphics company. A painted logo signover the front entrance facing Irving Blvd. was installed by the applicant. The

applicant is requesting an additional three signs to be located on each of thebuildings other sides not facing Irving Blvd. The three signs are identical to theexisting sign on the front elevation in color and design, but are slightly larger. Twoof the signs will be visible from Irving Blvd., and the rear sign will be visible from 2nd

Street where the rear parking is located.

6. The Heritage Crossing Redevelopment District allows wall signs only the street-facing facades, and any exception requires a site plan zoning case so eachproperty can be considered individually. Since the three signs are suitable to thebuilding and the business, staff has no objection to the request.

7. The applicant purchased this property earlier this year and worked extensively with

City Staff to make significant improvements including demolishing a dilapidatedbuilding in the rear, providing enhanced paving in the front sidewalk, providing newlandscaping and completely re-finishing the front faade at the owners expense. Aspart of this case, the applicant is requesting that the zoning application fee ($600)be waived since she did not request any financial assistance from the City inmaking improvements.

8. The case is scheduled for review by the Heritage Crossing Advisory Committee onNovember 8, 2010. The Committees recommendation will be provided during theNovember 10, 2010 Work Session.

9. Public notices were sent to 17 property owners, with one (1) letter in favor and nonein opposition received.

Recommendation



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APPOINTMENTS AND REPORTS

45 Resolution -- Confirming the Reappointment of Jan Bemis by the CityManager as a Commissioner to Serve on the Fire Fighters and PoliceOfficers Civil Service Commission to Fill a Three-Year Term ExpiringNovember 2013



2. Impact: This Commissions decisions are final, on cases dealing with Fire andPolice personnel and continuity of service on this board is an asset to the process.

3. City Manager Tommy Gonzalez has reappointed and recommends confirmation ofJan Bemis to a three-year term expiring 2013 on the Civil Service Board. This is athree-member board.

Recommendation


46 Resolution -- Appointments to Boards, Commissions, and Committees, toFill Two Year Terms Expiring November 2011, and Various UnexpiredTerms for the Following: Animal Services, Arts Board, Building andStandards Commission, Construction Board of Appeals, Convention andVisitors Bureau, Advisory Committee on Disabilities, Board of Health,Housing and Human Services, Library , Museum, Parks and Recreation,Planning and Zoning Commission, Youth Council, and Zoning Board ofAdjustments and Appeals

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

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

3. The terms for these appointments expire this month.

Recommendation


47 Mayors Report

48 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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WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTESOctober 20, 2010

The Irving City Council met in work session October 20, 2010 at 11:14 a.m. The followingmembers 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 PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman AbsentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

DISCUSSION TOPIC

1 Presentation of Proclamation Recognizing Teen Driver Safety Week

This presentation was postponed to a future Council meeting date.

2 Introduction of City Council Cycle Participants

Linda Murray, Executive Assistant, introduced the following City Council Cycleparticipants:

Kim Haddad, ICVB Sales Manager

Phillip Weiner, Senior Internal Auditor

3 Review of Regular Agenda


Paul Gooch, Community Services Director, recognized the Planning &Inspections Department in receiving the Certificate of Achievement Award fromthe Texas Chapter of the American Planning Association.

Teresa Adrian, Management Operations Director, introduced the new ChiefTechnology Officer, Bradley Perrier.

CONSENT AGENDA

6 Resolution -- Approving an Economic Incentive Agreement Between the City of

Irving and Michaels Stores, Inc.

John Bonnot, Chamber of Commerce Director of Business Recruitment,

described the incentive agreement with Michaels Stores, Inc., which will be

located in MacArthur Park on SH 635 and MacArthur Boulevard.

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City Council Work SessionOctober 20, 2010

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Mayor Gears asked the Chamber of Commerce to look at advertising the

incentive agreement program available to retailers.

7 Resolution -- Approving a Sister Cities/International Trade Development and

Assistance Center Services Contract with the Greater Irving-Las Colinas

Chamber of Commerce

Councilwoman Cannaday asked for an update of the Sister Cities program.

Chris Wallace, Chamber of Commerce President, described the cities in the

program and their activities, which are focused on business along with cultural

and educational exchanges. He stated that a goal of this new fiscal year is to

research a China/ India city to partner with in the future. Mr. Wallace also noted

that representatives from Leon, Mexico will be traveling to Irving in December for

a conference on medical tourism.

12 Resolution -- Approving and Accepting the Proposals of CIGNA Healthcare -

Connecticut General Life Insurance Company (CGLIC) and National Vision

Administrators, L.L.C. (NVA) for Annual Contracts to Provide Employee Health

Benefit Insurance Coverages

Councilman Patrick asked for a presentation on this item.

Max Duplant, Chief Financial Officer, described the bid proposal from Cigna

noting a $1.5 million savings while keeping the same services provided by the

former insurance carrier.

Councilman Patrick asked about the Aetna Medicare program.

Ike Obi, Employee Services Administrator, confirmed that the current contract

will not affect the retirees Medicare plan but noted that retirees will have new

healthcare options in the new year that will be presented soon.

INDIVIDUAL CONSIDERATION

15 Ordinance -- Amending Chapter 33 Entitled Refuse, Garbage and Weeds of

The Code of Civil and Criminal Ordinances of the City of Irving, Texas, byModifying the Provisions for Enclosure Screening Materials and the Allowable

Locations of Commercial Containers

Gary Miller, Planning & Inspections Director, presented the proposed

amendments to Chapter 33 regarding the allowable material used for dumpster

enclosures.

Chris Wallace, Chamber of Commerce President, confirmed that feedback from

the business community has been reviewed and these changes show a balance

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between businesses and city staff.

Council thanked staff for working with the business community on this solution.

16 Ordinance -- Amending Section 7-1 Definitions; Section 7-2 General

Provisions; Section 7-3 Special Provisions; Section 7-4 Prohibited Signs;Section 7-5 Nonconforming Signs; Section 7-12 Permits Required, Expiration,

and Suspension or Revocation; and Section 7-18 Fee Schedule of Chapter 7

Billboards and Signs of the Land Development Ordinances of the City of Irving,

Texas

Gary Miller, Planning & Inspections Director, presented the proposed

amendments to Chapter 7 regarding signage provisions. Changes will affect

pole signs, neon signs, and banners.

Council discussed the proposed changes and asked for more visual examples ofwhat is and is not allowed.

ZONING CASES AND COMPANION ITEMS

17 Ordinance -- Amending the Comprehensive Plan to Change the Recommended

Land Use from Office to Senior Living Residential and Granting S-P-2

(Generalized Site Plan) for C-O (Commercial Office) and Senior Living Facility

Uses in Zoning Case #ZC09-0043 - Approximately 4.807 Acres Located at 3501

North MacArthur Boulevard - Baldwin Associates, Applicant - SCS Capital

Group, LLC, Owner (Postponed at the February 18, 2010 City Council Meeting)

Ken Bloom, Chief Planner, presented the applicants request to zone a senior

living facility on North MacArthur Boulevard. He noted staff recommends

approval with the stipulation that the Planning & Zoning Commissions

recommendation be met.

Councilwoman Cannaday noted her concern with the design and its

compatibility with the surrounding properties.

18 Ordinance -- Zoning Case #ZC10-0030 - Granting S-P-2 (Generalized Site Plan)

for R-7.5 (Single Family) District Uses - Approximately 1.644 Acres Located at

1412 East Union Bower Road - JDJR Engineers and Consultants, Inc., Applicant

- Carole Bogart, Owner (Postponed from October 7, 2010 City Council Meeting)

Ken Bloom, Chief Planner, presented the applicants request to redevelop a

residential site with six new homes. He noted that this item has been postponed

at the last three Council meetings and staff has not received any revisions from

the applicant. Due to the amount of opposition from the neighborhood, a vote

of the Council is needed to approve the request.

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EXECUTIVE SESSION

8 Legal Advice - Shin Ho Sam Kim D/B/A Texas Lunch Box V. City of Irving and City ofIrving Building and Standards Commission

Texas Open Meetings Act 551.0719 Legal Advice - Ex Parte City of Irving

Texas Open Meetings Act 551.071

Council reconvened from executive session at approximately 3:14 p.m.Council adjourned at 3:15 p.m.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Shanae Jennings, TRMCCity Secretary

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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTESOctober 21, 2010

The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, October 21, 2010 at 7:10 p.m. The following members werepresent/absent:

Attendee Name Organization Title Status ArrivedHerbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentGerald Farris Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

John Bonnot, Director of Business Recruitment with the Greater IrvingLas Colinas

Chamber of Commerce, announced that Consolidated Electrical Distributors Inc. is

relocating from West Village, California to Irving.

INVOCATION

The invocation was delivered by Pastor Andrew Jackson Jr., West Irving Church of God

in Christ.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

Mayor Gears asked Brian McGuire and Joe Matthews, members of the Advisory

Committee on Disabilities, to come forward and announced that October is recognized

as Disabilities Awareness Month.

Mayor Gears stated that 5th and 6th grade students throughout the Irving Independent

School District participated in the citys annual Disabilities Awareness Month Poster Art

Contest.

Mayor Gears recognized the following Honorable Mention students:

Joey Munoz, A.S. Johnston Elementary School

Aaron Barraza, Bowie Middle School

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City Council MeetingOctober 21, 2010

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Jayden Thomas, Otis Brown Elementary School

Daisy Rodriguez, Stipes Elementary School

Elida Cadena, T.J. Lee Elementary School

Josalina Funes, T.J. Lee Elementary School

Gabrielle Nguyen, St. Lukes Catholic School

Mayor Gears also recognized the first place winners in this years art contest:

Kaija Yule, W. T. Hanes Elementary School

Shella Samont, Stipes Elementary School

Febylein Tom, Stipes Elementary School

Brian Mendez, John Haley Elementary School

Illy Nelson, Otis Brown Elementary School

Judge Timothy Whisler swore in the following judges: Municipal Court Presiding Judge

Rodney Adams and Municipal Court Judge Laura Anderson.

Wayne Lambert, Municipal Court Director, thanked Judge Whisler for his many years of

service and presented Judge Anderson with her robe.

CITY COUNCIL AGENDA


City Manager Tommy Gonzalez presented a video on the Citys OperationUpdate.

CONSENT AGENDA

Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer to approve

consent agenda items 2-14.

Motion approved 9-0.

2 Approving Minutes for Wednesday, October 06, 2010

3 Approving Minutes for Thursday, October 07, 2010

4 Resolution No. RES-2010-315 -- Authorizing the Mayor to Enter into anAgreement with the Governors Division of Emergency Management toReceive and Participate in the Fiscal Year 2008 Homeland Security GrantProgram

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RESULT: ADOPTED [UNANIMOUS]

MOVER: Rose Cannaday, Councilwoman

SECONDER: Rick Stopfer, Councilman

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

14 Ordinance No. ORD-2010-9213 -- Final Reading -- Granting a Franchise to B& B Waste Transit, Inc., for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City ofIrving, Texas

RESULT: FINAL READING [UNANIMOUS]

Next: 11/11/2010 7:00 PMMOVER: Rose Cannaday, Councilwoman



INDIVIDUAL CONSIDERATION

15 Ordinance No. ORD-2010-9215 -- Amending Chapter 33 Entitled Refuse,Garbage and Weeds of The Code of Civil and Criminal Ordinances of theCity of Irving, Texas, by Modifying the Provisions for Enclosure ScreeningMaterials and the Allowable Locations of Commercial Containers

Gary Miller, Planning and Inspections Director, presented an overview of theproposed dumpster enclosure amendments.

The following individuals signed up to speak in favor of this item:Ross Owen, 1225 E. Union Bower Rd.Joe Mapes 504 N. Main, Euless, TXDorothy Owen, 1225 E. Union Bower Rd.

The following individuals signed up in favor of this item, but did not wish to speak:Edward Owen, 1225 E. Union Bower Rd.Evan Owen, 1110 Owenwood Dr.

Motioned by Councilwoman Cannaday, seconded by Councilman Gallaway toapprove amending Chapter 33 Entitled Refuse, Garbage and Weeds of thecode of civil and criminal ordinances of the city of Irving, Texas, by modifying the

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provisions for enclosure screening materials and the allowable locations ofcommercial containers.

Motioned approved 9-0.


MOVER: Rose Cannaday, Councilwoman

SECONDER: Mike Gallaway, Councilman


16 Ordinance No. ORD-2010-9216 -- Amending Section 7-1 Definitions;Section 7-2 General Provisions; Section 7-3 Special Provisions;Section 7-4 Prohibited Signs; Section 7-5 Nonconforming Signs;

Section 7-12 Permits Required, Expiration, and Suspension orRevocation; and Section 7-18 Fee Schedule of Chapter 7 Billboardsand Signs of the Land Development Ordinances of the City of Irving,Texas

Gary Miller, Planning and Inspections Director, presented an overview of theproposed sign amendments.

The following individual signed up to speak in favor of this item:Steven Amador, 321 N. Story Rd

Motioned by Councilwoman Cannaday, seconded by Councilman Gallaway toamend the recommended ordinance changes to Section 7-3 (15) to allow fourspecial event banner permits annually.

Motion failed 3-6.

Motioned by Councilman Philipp, seconded by Councilman Stopfer to approveamending Section 7-1 Definitions; Section 7-2 General Provisions; Section 7-3Special Provisions; Section 7-4 Prohibited Signs; Section 7-5 NonconformingSigns; Section 7-12 Permits Required, Expiration, and Suspension orRevocation; and Section 7-18 Fee Schedule of Chapter 7 Billboards and

Signs of the Land Development Ordinances of the City of Irving, Texas.


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MOVER: Joe Philipp, Councilman



ZONING CASES AND COMPANION ITEMS

17 Ordinance No. ORD-2009-9142 -- Amending the Comprehensive Plan toChange the Recommended Land Use from Office to Senior LivingResidential and Granting S-P-2 (Generalized Site Plan) for C-O (CommercialOffice) and Senior Living Facility Uses in Zoning Case #ZC09-0043 -

Approximately 4.807 Acres Located at 3501 North MacArthur Boulevard -Baldwin Associates, Applicant - SCS Capital Group, LLC, Owner(Postponed at the February 18, 2010 City Council Meeting)

Mayor Gears opened the public hearing at approximately 8:00 p.m.

Alan Naul, 3232 McKinney, Dallas, TX, representing the applicant presented theproposed senior living facility plan.

The following individual signed up to speak in favor of this item:Michael Jarrett, 4706 Wild Turkey Trail, Arlington, TX

Mayor Gears closed the public hearing at approximately 8:27 p.m.

Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday toapprove amending the comprehensive plan to change the recommended landuse from Office to Senior Living Residential and Granting S-P-2 (GeneralizedSite Plan) for C-O (Commercial Office) and Senior Living Facility Uses in ZoningCase #ZC09-0043 - Approximately 4.807 Acres Located at 3501 NorthMacArthur Boulevard - Baldwin Associates, Applicant - SCS Capital Group, LLC,Owner subject to cementitious siding being limited to a maximum of 20% of anyfaade.


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MOVER: Roy Santoscoy, Councilman

SECONDER: Rose Cannaday, Councilwoman


18 Ordinance No. ORD-2010-9207 -- Zoning Case #ZC10-0030 - Granting S-P-2(Generalized Site Plan) for R-7.5 (Single Family) District Uses -Approximately 1.644 Acres Located at 1412 East Union Bower Road - JDJREngineers and Consultants, Inc., Applicant - Carole Bogart, Owner(Postponed from October 7, 2010 City Council Meeting)


Jim Dewey, JDJR Engineers, 2500 Texas Dr. #100, presented an overview of therequested redevelopment.

The following individuals signed up to speak in opposition of this item:Dorothy Owen, 1225 E. Union Bower Rd.Ross Owen, 1225 E. Union Bower Rd.Anne Wedding, 1226 Ross Dr.Linda Bodwell, 1411 Vance Dr.Kathryn Gant, 1426 Vance Dr. (Ms. Bodwell ceded her time to Ms. Gant)Bob Bodwell, 1411 Vance Dr.Ray Muzyka, 1318 E. Union Bower Rd.

Amy Payne, 1201 Brookhurst St.

The following individuals signed up to speak in favor of this item:Carole Bogart, 1501 Daywood Ln. (ceded her time to Heather)Heather Cawthon, 1413 Daywood Ln.Robert Bogart, 1501 Daywood Ln.

The following individuals signed up in opposition of this item, but did not wish tospeak:Carol Boyle, 1330 Boyd Dr.Susan Owen, 1110 Owenwood Dr.

Mike Boyle, 1330 BoydDavid Beaver, 1302 Milner Rd.Ed Graham, 1319 E. Union Bower Rd.Barbara Rimies, 1421 Vance Dr.Edward Owen, 1225 E. Union Bower Rd.Evan Owen, 1110 Owenwood Dr.John Cartmill, 1405 Drexel Dr.

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Jim Dewey, JDJR Engineers, 2500 Texas Dr. #100, presented an overview of therequested senior living residential facility.

No one elected to speak at tonights public hearing.

Mayor Gears closed the public hearing at approximately 10:15 p.m.

Motioned by Councilman Philipp, seconded by Councilwoman Cannaday toamend the comprehensive plan to change the recommended land use from lowdensity residential to Senior Living Residential and Granting S-P-2 (GeneralizedSite Plan) for C-O (Commercial Office) and Senior Living Facility Uses in ZoningCase #ZC10-0

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IrvingCC Packet 2010-11-11

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