irvingcc agenda 2011-01-13

8/8/2019 IrvingCC Agenda 2011-01-13

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AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JANUARY 13, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 01/13/2011 1

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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, JANUARY 12, 2011 -- 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 Chris Davis, King's Chapel

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 39

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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6 Resolution -- Approving an Interlocal Agreement Between the City of Irvingand Dallas County Community College District-Brookhaven CollegeSchool of Emergency Medical Services.

Administrative Comments

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

2. Impact: This opportunity provides internship locations/slots to Brookhaven College

School of Emergency Medical Services.3. The agreement has a one-year term from September 1, 2010 through August 31,

2011 and signed by both parties.

Recommendation

The agreement be approved.

7 Resolution -- Approving an Amended Interlocal Agreement Between theCity of Irving Tax Increment Reinvestment Zone Number One, City ofIrving, and the Dallas County Utility Reclamation District ConcerningDesiltation of District Waterways


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

2. Impact: The amended interlocal agreement between the TIF and DCURD willprovide funding for essential flood control and safety measures within the urbandistrict.

3. The Council previously approved an interlocal agreement between the TIF andDCURD on May 13, 2010 to fund waterway dredging, urban center levee riskanalysis, flood control barriers, Lake Carolyn lake wall stabilization, utility relocation,APT study, and emergency generator for South Lake Carolyn storm water pump.

4. This amendment increases the amount of the interlocal agreement by $387,000.00to fund waterway dredging within TIF boundaries, urban center levee risk analysis,Modification of the Lake Carolyn gravity outlet gate, APT study, and the South lakeCarolyn Storm Water Pump Station.

5. The TIF Board unanimously approved the amended agreement at the December

14, 2010 Board Meeting6. Funding in the amount of $387,000.00 is available in the TIF Fund.

Recommendation

The resolution be approved.


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8 Resolution -- Approving an Amended Economic Incentive AgreementBetween the City of Irving and Michaels Stores, Inc.


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

2. Impact: Approval of this amended agreement changes the date the lease must besigned to June 30, 2011. Due to delays in the lease process, Michaels will not beable to meet the original lease date of December 31, 2010. The Michaels retailstore will be located in the MacArthur Park shopping center at 635 and MacArthur.All other requirements for Michaels remain unchanged.

3. The retail operation will occupy approximately 24,000 square feet and is estimatedto generate $3.2 million in annual taxable sales which will result in estimated Citysales tax of $32,000.

4. The incentive requires Michaels Stores, Inc., to sign at least a 5-year lease by June30, 2011, occupy at least 24,000 square feet, and generate at least $2 million inannual taxable sales to qualify for the grant.

5. The agreement provides five annual grants calculated as a percentage of sales tax

received by the City: year 1 (60%), year 2 (50%), year 3 (50%), year 4 (40%) andyear 5 (30%). The estimated net benefit to Michaels is $76,600 over 5 years and$86,400 to the City.

6. The agreement terminates the earlier of December 31, 2018 or the date the Grantpayment for year 5 is made.

Recommendation



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9 Resolution -- Approving a Settlement of Claim Between the City of Irvingand Clyde and Barbara Dumas



2. Impact: The City will receive payment of the full paving assessment balance due inthe amount of $4,696.00.

3. Paving Assessment Ordinance No. 5308 adopted on April 24, 1987 forimprovement to Belt Line Road, included the parcel located at 580 Belt Line Road.

4. Owners made timely payments until Texas Department of Transportation purchaseda portion of the property in the 1990s. The property owners have stated that theyattempted to pay the balanced at that time, but were informed that there was norecord of the lien balance. Because any records or conversations would haveoccurred nearly 20 years ago, we are unable to verify the owners statement.

5. Owners recently learned of the lien and approached the City with an offer to settlethis claim. They have indicated they moved approximately 12 years ago from the

address the City has on file for them. It does not appear that the City received anew contact address.

6. This resolution waives payment of accrued interest in the amount of $5,560.17.

Recommendation


10 Resolution -- Approving an Agreement Between the City of Irving and the

Bartlett Alliance, Inc.



2. Impact: This contract compliments the existing Irving University training programby providing focus on training aligned with the organizations philosophy andculture. Class topics were identified by the citys internal training committee.

3. Approximately 1,500 participants will receive classroom training and additionalemployees will benefit from online training and curriculum developed through thiscontract. Over the past two years, the city has developed a high quality training

program that is strategically aligned and targets training needs. Through thisprocess, the training cost per participant has been reduced by approximately 55%.

4. Funding in the amount not to exceed $90,000.00 for the period January 1, 2011, toSeptember 30, 2011, and in an amount not to exceed $30,000 for the periodOctober 1, 2011, to December 31, 2011, is available in the General Fund subject tofunds being appropriated in Fiscal Year 2011-12.

Recommendation



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


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

2. Impact: This grant supplements the materials budget, library programs, andpurchase of equipment that was not funded.

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

4. The grant amount of $75,630.00 is $18,775.00 less than last year.

5. The term of the grant runs from September 1, 2010 to August 31, 2011.

Recommendation


12 Resolution -- Authorizing Additional Environmental Study in Furtheranceof Settlement of a Lawsuit with Shin Ho Sam Kim D/B/A Texas LunchBox and Purchase of Property Located at 1923 Senter Road


1. This item supports Strategic Goals No. 2: Vibrant Neighborhoods and No. 8: SoundGovernance.

2. Impact: The additional environmental study would further the resolution of thelawsuit and facilitate the Citys purchase of the property located at 1923 SenterRoad.

3. In response to citizen complaints, the Code Enforcement Department beganfocusing on the building located at 1923 Senter Road in early 2007.

4. In September 2007, the Building and Standards Commission ordered the demolitionof the building, and the owner appealed the order to district court and included theCity as a defendant. The case has been litigated in state and federal court.

5. Settlement of this lawsuit was on the Council agenda on February 7, 2008, andMay 28, 2009, for $225,000.00 but was rejected by the City Council on May 28,

2009.6. At an August 5, 2010 meeting, the City Council approved the settlement of this

lawsuit for $155,000.00, the entering into a purchase and sale agreement with thecurrent owner for the property located at 1923 Senter Road, and if theenvironmental assessment is satisfactory and all of the requirements of thepurchase and sale agreement are met, the purchase the property. The City Councilalso authorized the expenditure of costs for an environmental study not to exceed$8,000.00 in addition to the closing costs and settlement costs.


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7. The Phase I environmental study of the property located at 1923 Senter Road hasnecessitated the need for a Phase II environmental study.

8. In furtherance of the settlement, funding in the amount of $32,000.00 is available inthe Non Bond CIP Fund.

Recommendation


13 Resolution -- Amending Resolution No. 9-22-83-573 Relating to the Lengthof Terms of Board Members of the Administrative Board of the City ofIrving Supplemental Benefit Plan and the Removal of Term Limits



2. Impact: This amendment will allow Administrative Board members who havebecome familiar with the Supplemental Benefit Plan to remain in office if reelected.

3. The current plan document provides that the Board is composed of 9 members, 5 ofwhom are elected by participants in the Supplemental Benefit Plan. The currentterm of office for elected members is two years.

4. The proposed plan amendment would increase terms to three years and removethe three term limit.

5. Current elected members include Jeff Spivey, Captain, Irving Police Department;Casey Tate, CIP Director; Rodney Adams, Presiding Municipal Judge; David

Cardenas, Business Manager, Water Utilities; and Brad Duff, Treasury Manager,Financial Services.

6. The Administrative Board met on November 15, 2010, at their regular meeting andrecommended these changes in the Plan Document.

Recommendation



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14 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and Verizon, for the Relocation of Aerial Telephone Facilitiesand the Placing of Utility Poles on Northgate Drive Between Carl Road andChemsearch Boulevard


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

2. Impact: It is necessary to relocate the aerial facilities and place the utility poles onNorthgate Drive between Carl Road and Chemsearch Boulevard to construct theroadway pavement project.

3. Funding in the amount of $208,950.99 is available in the Street Improvement BondFund.

Recommendation


15 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and Oncor Electric Delivery Company, LLC, for theRelocation of Electric Facilities on Northgate Drive



2. Impact: It is necessary to relocate the electric facilities on Northgate Drive fromTom Braniff Drive to Carl Road to construct the roadway pavement project.


Recommendation



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16 Resolution -- Awarding a Contract to Mario Sinacola & Sons Excavating,Inc., for the Northgate Drive Paving Improvements Project from TomBraniff Drive to Carl Road



2. Impact: This project will replace the concrete driving surface from Tom Braniff Driveto Carl Road. It will be a four-lane divided road with bicycle lane which will improveaccess to the University of Dallas, NCH Corporation and other businesses along theroad. City of Irving water mains and wastewater mains along this area of roadwaywill be replaced to improve the citys infrastructure.

3. Two-way traffic will be maintained at all times during construction.

4. This project was bid with a method called A+B bidding that assigned a daily value tothe amount of days bid by the contractor for bid evaluation. The contract award isbased on the Base Bid (A) and the contractor will be required to complete thecontract in the number of days bid. Incentive pay for early completion or liquidateddamages assessed for failure to complete in time will be $1,000.00 per calendar

day.

5. Mario Sinacola & Sons Excavating Inc., submitted the lowest and best base bid of$4,881.696.40 with a project completion time of 300 calendar days. An additional$38,303.60 is required for testing and an additional $30,000.00 will be reserved forpotential incentive pay, bringing the total cost of the project to $4,950,000.00. Thisis $1,750,000.00 (26%) below the funding allocated for this project.

6. Funding in the amount of $4,950,000.00 is available in the Water ImprovementBond Fund and the Street Improvement Bond Fund.

Recommendation

The resolution be approved.17 Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Verizon, for the Undergrounding of Aerial TelephoneFacilities on OConnor Road from SH 183 to Metker Street



2. Impact: As part of the first phase, utility poles will be relocated to the west side ofOConnor Road from SH 183 to Metker Street. This will put utility crossingsunderground in accordance with our ongoing utility undergrounding efforts.

3. Temporary aerial crossings will be installed as part of this phase. Conduit crossingswill be placed underground as part of the citys paving project. The telephonecompany will string wire and splice at that time.


Recommendation



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18 Resolution -- Approving Addendum No. 1 to the Engineering DesignServices Agreement Between the City of Irving and Birkhoff, Hendricksand Conway, LLP, Now Known as Birkhoff, Hendricks & Carter, LLP, forthe Design of the Nursery/Railroad Basin Sanitary Sewer MainInflow/Infiltration Improvements Project



2. Impact: Currently the consulting engineer is under contract to design thereplacement of sewer mains at 12 locations. Staff has recently identified the needto also replace the water mains at seven of those locations. The most efficient useof time and funds is to have the same engineer design the water main replacementswhere they have already surveyed and designed the sewer main replacements.

3. Staff has also determined the replacement of the sewer and water mains on OuidaRoad and Geneva Road will damage most of these asphalt roads and should betotally replaced and upgraded to current standards.

4. The design for the replacement of the 12-inch water main at Belt Line Road and

Bear Creek is also being incorporated into this contract to expedite the design of apermanent fix for this main that was washed out earlier this year.

5. Replacing both water and sewer on streets and upgrading substandard streetswhen total replacement is needed is good customer service and sound governance.

6. Construction of this project has not occurred already due to lack of funding.Funding for construction of this project, with the exception of the portion related toOuida Road and Geneva Road, are available in the current fiscal year.

7. The portion of the project that includes the total reconstruction and upgrade ofOuida Road and Geneva Road will not be bid for construction until neighborhoodstreet bond funds can be made available for the upgrades to the street

replacement.8. The total increase in design fee is $199,640.00 for an estimated $2,177,000.00 in

additional construction work.

9. Funding in the amount of $199,640.00 is available in the Water Improvement BondFund.

Recommendation



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19 Resolution -- Approving a Discretionary Services Agreement Between theCity of Irving and Oncor Electric Delivery Company, LLC, for the Removalof Street Lighting Facilities on Irving Boulevard from Hwy 183 to Loop 12as Part of the City's Solar Powered LED Street Lighting Project


1. This item supports Strategic Goal No. 10: Environmental Sustainability, Goal No. 9:Infrastructure Network and Goal No. 2: Vibrant Neighborhoods

2. Impact: This agreement allows for the removal of 217 Oncor owned street lightingfacilities on Irving Boulevard from S.H. 183 to Loop 12, including Second Street, aspart of the citys solar powered street lighting project. An additional 49 city ownedlights will be removed for a total of 266 lights.

3. Installation of 170 off-the-grid solar lights was completed in December through theuse of U.S. Department of Energy grant funding. Department of Energy grant fundscannot be utilized to fund the removal portion of the project.

4. Removal of the grid-connected street lights saves approximately $124,000.00annually in Oncor tariffs and in energy costs.

5. Funding in the amount not to exceed $150,768.12 will be made available.Recommendation


20 Resolution -- Awarding an Engineering Services Agreement with RJNGroup, Inc., for a Sanitary Sewer Evaluation Survey (SSES).


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

2. Impact: This SSES project is required by the TCEQ and will include field testingand analysis of sanitary sewers to develop a prioritized list of rehabilitation, repairand replacement projects for a portion of the Southwest Irving Interceptor Basin.

3. This project will require equipment and expertise that the City of Irving does nothave and would be too costly to obtain since it would not be continuously used.

4. This project will also include inspection of manholes and pipes in the study area thatwill result in verification of pipe size, material, location and condition information.This will be input into the Citys GIS to update mapping for future use by staff.

5. City staff administered a Request for Qualifications, RFQ # 016M-11F, to select an

engineering firm for these services. Five RFQ Responses were received andreviewed by staff. The response returned by RJN Group, Inc. best met the criteriain the RFQ and they have a great deal of experience executing projects similar tothis one, including previous projects here in Irving.

6. Funding in the amount of $349,591.00 is available in the Water and Sewer SystemFund.

Recommendation



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21 Resolution -- Approving Payment of Operating Funds to SMG (ConventionCenter Operator) as Budgeted


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

2. Impact: The successful operation of the Irving Convention Center will impact Irvingresidents positively by generating incremental hotel occupancy, sales and usetaxes.

3. The City of Irving has a contract for management and operations of the conventioncenter with SMG, acting as the Citys agent. The contract and its associatedpurchase orders address the management and consulting fees, and theperformance incentives.

4. Although the Bureaus operating budget for 2010-11, as authorized by the CityCouncil, includes the convention centers operating budget and an annual operatingsubsidy for the convention center, there is a need in this first year of operations toestablish a specific mechanism to authorize the transfer of those operating subsidyfunds to SMG as outlined in the contract, as well as transfer other funds within theapproved budget to SMG to cover direct costs for any services provided on theBureaus behalf, i.e., industry opening events, client familiarization events, specificevent subsidies for bidding requirements, etc.

5. Funding in the amount of $1,293,370.00 (amount budgeted for subsidy) is availablein the Bureaus General Fund; funding up to $385,000.00 for the other direct costsis available in the Convention Center Fund.

Recommendation


22 Resolution -- Approving the La Buena Vida Foundation Application forCommunity Development Block Grant Funds for Construction of aResidential Center for At-Risk Youth


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

2. Impact: This action will approve the application from the La Buena Vida

Foundation, Inc. (LBVF), for $246,000 in Community Development Block Grantfunding for the development of a residential center for at-risk youth.

3. The request for this funding was made by the LBVF in order to target a specializedsegment of the citys at-risk population of young adults, who range in age from 18 -23 years old.

4. The City of Irving currently owns a vacant lot on 210 Maltby and the LBVF isrequesting this site for the development of the facility.


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5. Based upon guidance from the U. S. Department of Housing and UrbanDevelopment (HUD) the City would build and maintain ownership of the facility untilconclusion of the Citys agreement with LBVF. If the recommendation is approved,staff will proceed to put the construction of the house out to bid. Upon receipt ofbids, the award of the construction contract and the final agreement with LBVF willbe submitted to Council, Those items will include the final plans and specificationsfor the construction project.

6. Additional guidance from HUD also stipulates that the program would be operatedthrough a lease agreement with the LBVF. LBVF would be responsible forfollowing the requirements of the City of Irving and HUD which include limiting theuse of Federal funds to assist the homeless. Transfer of ownership of the facility toLBVF would be consummated at the culmination of the lease term as long asperformance standards and compliance with federal regulations are met.

7. The Community Services Committee was briefed on this proposed project at itsNovember 10, 2010, meeting.

8. The Housing and Human Services Board approved the recommendation to utilizeFederal funds for the construction of a facility at its December 15, 2010, meeting,with a vote of 6-1.

9. Funding in the amount of $246,000.00 is available in the Community DevelopmentBlock Grant Fund.

Recommendation


Bids & Purchasing ItemsItems 23 - 26

23 Resolution -- Approving a Mutual Cooperative Purchasing AgreementBetween the City of Irving and the City of Anna



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 fuel for anticipated savings

to each entity.Recommendation



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24 Resolution -- Approving and Accepting the Bid of Dal-Ec Construction Ltd,for the Installation of a Generator at the Irving Criminal Justice Center(ICJC)


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

2. This item has been recommended by the Capital Improvement ProgramDepartment.

3. Impact: The generator replacement will enhance the emergency back-up powersystem of the ICJC. It provides the entire building with emergency power capabilityto ensure the continuity of mission critical operations in the event of a poweroutage. This public safety facility houses the 911 call center and the city jail.

4. Dal-Ec Construction will act as the prime contractor for the project to coordinate thecivil, mechanical, electrical, and plumbing trades for the installation of a new 600KW generator. The generator was purchased November 2009 as part of aHomeland Security grant, but the installation falls under this contract. The existing360 KW generator will be salvaged and utilized in conjunction with the newgenerator.

5. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on thisaward is 17%.

6. Funding in the net amount of $479,682.75 is available in the City BuildingImprovement Bond Fund and $136,000.00 is available in the EmergencyManagement Grant Fund.

Recommendation


Vendor

FY2010-11Exp.

(Current FY) Total

Dal-Ec Construction Ltd $615,682.75 $615,682.75(One time only)


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25 Resolution -- Approving and Accepting the Bid of Library Interiors ofTexas, LLC, for the Construct and Install Three Service Desks for WestIrving Library


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

2. This item has been recommended by the Capital Improvements ProgramDepartment.

3. Impact: This award provides for construction and installation of the circulation,information and service desks for reservation stations and printers for the new25,000 square foot West Irving Library.

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

5. Funding in the net amount of $72,711.13 is available in the Library Bond Fund.

VendorFY2010-11Total Exp.

Library Interiors of Texas, LLC (Current FY)One time only

Total Amount $72,711.13

Recommendation



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26 Resolution -- Approving the Lease with Xerox for a Color Copier Utilizingthe State of Texas Cooperative Purchasing Program or The CooperativePurchasing Network (TCPN) Program


1. This item supports Strategic Goals No. 8: Sound Governance and No.10:Environmentally Sustainable Community.

2. This item has been recommended by Information Technology.

3. Impact: The new lease will create a monthly savings of $1,688.46 and the copierutilizes an EA Toner which eliminates the need for fuser oil, improves image quality,and is better for the environment.

4. This lease includes both an XC800 (XEROX COLOR 800) and one EX1000 (FIERYSERV) resulting in the digital color copier that best meets the needs of printservices.

5. Funding in the net estimated annual amount of $137,112.36 or a total of$685,561.80 for this five-year contract will be available in the General Fund.

Vendor

FY2010-11Est. Exp.

(Jan.-Sept.)

FY2011-12Est. Exp.

FY2012-13Est. Exp.

FY2013-14Est. Exp.

FY2014-15Est. Exp.

FY2015-16Est. Exp.

(Oct.-Dec.)

Five-YearEst. Exp.

Xerox $102,834.27 $137,112.36 $137,112.36 $137,112.36 $137,112.36 $34,278.09 $685,561.80

Recommendation


End of Bids

27 Ordinance -- Budget Adjustment to the 2010-11 Fiscal Year Budget



2. Budget adjustments are needed in the following funds: General Fund, GeneralInterest and Sinking Fund.

Recommendation

The ordinance be adopted.


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28 Ordinance -- Amending Section 35 - Subdivisions of Part IV City Of IrvingLand Development Code to Require Utilities to be Installed Undergroundwith New Development


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

2. Impact: This amendment will improve the appearance of neighborhoods and

corridors.3. Planning and Zoning Commission Hearing Date and Recommendation: January 3,

2011 Favorable, 7-0 (Commissioners Palmer and Allen, absent)

4. This is an amendment to the Subdivision Ordinance to require, as part of theplatting process, all new utilities serving a new development to be installedunderground.

5. This ordinance memorializes the existing practice of requiring underground utilitiesas part of site plan zoning cases and other development plans. Undergroundutilities are already required for new development in the Heritage Crossing area aswell as deed restricted areas of the city.

6. In the fall of 2009, the City adopted an amendment to the Electrical Code requiringall new electrical service drops to be installed underground. This ordinance wouldrequire other utility services such as telephone and cable to also be installedunderground.

7. This ordinance acknowledges the current regulatory scheme and case law in Texasin that the obligation to pay for the undergrounding rests with the developer, notwith the utility company.

8. This item was reviewed by the Planning and Development Committee onSeptember 23, 2010.

Recommendation

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


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29 Ordinance -- First Reading Renewal of a Non-Exclusive License to SprintCommunications Company L.P., for a Fiber Optic Transmission System inthe City of Irving



2. Impact: This agreement allows Sprint to use city rights-of way for the continuationof service via their fiber optic transmission system and for the city to receivecompensation for this usage of rights-of-way.

3. The agreement renews a previous 10-year agreement with Sprint for access to cityrights-of-way.

4. Sprint has approximately 2000 feet of line in Irving.

5. The fiber optic network supports Sprints wireless network and future technologyinitiatives.

6. The City has enhanced the agreement to account and protect against changes inlaw and technology.

Recommendation

The ordinance be adopted.

ZONING CASES AND COMPANION ITEMS

30 Ordinance -- Zoning Case #ZC10-0041 - Granting TOD (Transit Oriented

Development) District - Approximately 16.34 Acres Located on theNorthwest Corner of Spur 348 and Las Colinas Boulevard - GlennEngineering, Applicant - Hines Las Colinas Land L.P., Owner


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

2. Planning and Zoning Commission Hearing Date and Recommendation: December20, 2010 Favorable 9-0 with the stipulation that the flag plaza be enhanced witheither some type of art work, a fountain, other water feature or other improvementto create a more distinctive entry.

3. The applicant is requesting a zoning change to Transit Oriented DevelopmentDistrict to develop the property with multifamily uses at 32 units per acre in Phase 1and 40 units per acre in Phase 2, and approval of a detailed site plan for 256 unitsin Phase 1.

4. The Comprehensive Plans Future Land Use Map recommends High DensityResidential uses for this property. This request is in conformance with theComprehensive Plan.


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5. The applicant is proposing a TOD general plan in two phases for 256 units on thenorthern tract (Phase 1), with the southern tract (Phase 2) to be developed later.The property is within a half-mile of the new transit station on the Orange Line. Thezoning will allow the applicant to develop 32 units per acre on Tract 1 and 40 unitsper acre on Tract 3. Tract 2 is for the levee. Tract 3 may also be developed withretail or mixed uses.

6. The applicant is also submitting a TOD detail plan for Tract 1. A 256-unitmultifamily project is proposed, with an average unit size of 925 sq. ft. Fivemultifamily buildings are located around the perimeter of the property adjacent tothe levee and Las Colinas Blvd. Additional multifamily units are in the center of thedevelopment with the office, pool, and clubhouse. 452 parking spaces are provided,including garages and carports.

7. The applicant is complying with the requirements of the TOD developmentstandards. An entry feature of a flag plaza is provided on Las Colinas Blvd. thatprovides an enhanced visual into Tract 1 as well as a connection for future phase 2development. Landscaping will meet the TOD requirements. The levee area will beused for the required open space as well as an interior courtyard and gatheringspace. The plan also indicates a pedestrian connector to the DART transit station.

8. Staff can support the request as it is consistent with the Comprehensive Plan andthe TOD development standards.

9. The stipulation of the Planning and Zoning Commission has been met.

10. Public notices were sent to thirty-two (32) property owners, with none returned infavor and two (2) returned in opposition. The opposition represents 1.18% of theproperty within 200 feet.

Recommendation


31 Ordinance -- Zoning Case #ZC10-0043 - Granting S-P-2 (Generalized SitePlan) for R-6 (Single Family) Uses - Approximately 0.32 Acres Located at1613 Upton Place - Jerry and Reba Thorn, Applicant/Owner



2. Planning and Zoning Commission Hearing Date and Recommendation:December 6, 2010 Favorable, 6-2 subject to (1) the applicant applying for allrequired building permits and inspections from the City within seven days ofapproval of this zoning change by the City Council, and (2) payment of allapplicable fees and penalties (Commissioners Randall and Webb, nay;Commissioner Fischer, absent).

3. The applicant is requesting rezoning to allow a 1,440 square foot detached garagesix feet from the side and rear property line and 17 feet tall, and a second garagestructure no more than 460 square feet in size.


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

5. Section 52-40 of the zoning ordinance restricts the total combined size of detachedgarages in an R district to 700 square feet and one story in height.

6. In 2009, the owner applied for a building permit and electrical permit to construct adetached garage. Both permits were cancelled at the owners request when,according to staff notes, the owner was informed that his garage(s) would exceed

the maximum size allowed by ordinance. The owner was refunded the cost of thecancelled permits.

7. At some point after the permits were cancelled and the fees refunded, the applicantbegan construction of the garage(s) without the required permits. Staff has norecords of any active permits for either detached garage.

8. After construction of the larger of the two detached garages commenced, staff wasmade aware of the activity and informed the applicant that permits were required,but could not be issued without zoning approval for the size of the accessorybuilding. The owner filed an application with the City, and continued construction towaterproof the building by completing the exterior sides and roof.

9. Both detached garages are constructed with cedar siding and asphalt shingle roofs.

10. The 1,440 square foot, 17-foot tall garage is approximately 75 feet from the nearesthouse on W. Vilbig Street, and approximately 130 feet from the nearest house onFranklin Street. The smaller detached garage is approximately 70 feet from thenearest house on Franklin Street.

11. An existing metal patio cover also exists on the property. This cover could remainas a nonconforming use; however the patio cover could not be replaced if destroyedor damaged more than 50 percent. If the zoning change is approved, no newaccessory structures would be permitted other than the two detached garages.

12. Staff can support this request due to the following: (1) the lots in this neighborhoodare relatively large lots approximately 1/3 of an acre; (2) the larger building is atleast 130 feet away from the house on the property abutting the rear; (3) thestructures are at least 70 feet from the house on the property to the south; (4) thestructures make use of sloped roofs with asphalt shingles that match the house; (5)the site plan notes, including notes prohibiting the buildings to be used forcommercial purposes, living quarters, or to be leased separate from the mainhouse; and (6) the apparent quality of the exterior materials and overallconstruction.

13. The applicant has agreed to comply with the stipulations of the Commission.

14. Public notices were sent to 30 property owners, with two (2) letters in favor and one

(1) letter in opposition received. The opposition represents 8.9% of the propertywithin 200 feet.

Recommendation



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32 Ordinance -- Zoning Case #ZC10-0048 - Granting S-P-1 (Detailed Site Plan)for C-N (Neighborhood Commercial) Uses - Approximately 0.67 AcresLocated at 100 West Airport Freeway - Allen and Ridinger Consulting,Applicant - First Security Bank NA, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: December20, 2010 - Favorable 9-0.

3. The applicant is requesting a zoning change to allow office and retail uses.

4. The Comprehensive Plans Future Land Use Map recommends State Highway 183Redevelopment Corridoruses for this property. This request is in conformance withthe Comprehensive Plan.

5. The property is developed with a 5,268 square foot building that is currentlyunoccupied. The property was used by the previous owner for car sales allowedunder the C-OU-2 Commercial Outdoor district.

6. The current owner proposes to rezone the property for C-N (NeighborhoodCommercial) district uses. The buildings faade would be updated with a stonewainscot and new paint, while the site would be modified to provide a 15 landscapebuffer along SH 183 and providing access to a south parking lot exclusively fromBritain Road. The 27 parking spaces shown on the plan are sufficient for office andretail uses.

7. The proposed site plan meets all TxDOT requirements, and meets the intent andspirit of the proposed SH 183 Overlay District.

8. Public notices were sent to 10 property owners, with none received in favor oropposition.

Recommendation



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33 Ordinance -- Zoning Case #ZC10-0052 - Granting S-P-2 (Generalized SitePlan) for C-N (Neighborhood Commercial) Uses - Approximately 3.2 AcresLocated at 515 South MacArthur Boulevard - Kroger Texas, LP,Applicant/Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: December20, 2010 Favorable, 6-3 subject to the landscaping and building faadeimprovements being completed no later than 180 days after the issuance of thebeer and wine license from the Texas Alcoholic Beverage Commission(Commissioners Fischer, LaRose and Webb, nay).

3. The applicant is requesting rezoning to allow a variance to the separationrequirements from the property line of a school for the sale of alcoholic beveragesfor off-premise consumption.

4. The Comprehensive Plan recommends Neighborhood Enhancement Zone for thisproperty. Areas within Neighborhood Enhancement Zones are envisioned to beredeveloped with quality retail and mixed use development, where appropriate.Grocery stores are considered to be critical components to sustainable residentialneighborhoods. The continued use of the site as a grocery store, along with themodification of the site proposed by the applicant, are in conformance with theComprehensive Plan.

5. On October 16, 2008, the City Council amended Section 52-49(a)(10) of the zoningordinance by prohibiting the sale of alcoholic beverages within 300 feet of a publicor private school, as measured in a direct line from the property line of the public orprivate school to the property line of the place of business, and in a direct lineacross intersections. At the same time, the City Council added Section 52-

49(a)(14), which allows the City Council to grant a variance from the aboveregulations if the property is within the area now known as the Heritage CrossingRedevelopment District if the Council determines that enforcement of the regulation:

Is not in the best interest of the public,

Constitutes a waste or inefficient use of land or other resources,

Creates an undue hardship on an applicant,

Does not serve its intended purpose,

Is not effective or necessary, or

For any other reason determined to be in the best interest of the community.6. On November 18, 2008, the owner submitted an Application for TABC Wine and

Beer Retailers Off-Premise Permit Application Certification (hereafter referred to asthe Application for Certification). The Application for Certification is the method bywhich the city determines whether the City Secretary may sign or approve a TABCapplication for the sale of beer or wine for off-premise consumption. As part of thereview of these applications, staff determines whether the applicants property hasthe proper zoning, and whether the property meets all the separation distancerequirements.


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7. On November 26, 2008, staff denied the application on the grounds that the subjectproperty was only 240 feet from the property line of a school. The applicant isseeking a variance to the required 300-ft separation between the subject propertyand the school property.

8. The applicant submitted a previous request in the fall of 2009, but subsequentlywithdrew the application. A new application was received December 1, 2010.

9. As part of the variance request, and in an effort to ameliorate any perceived

negative impacts of offering the sale of alcoholic beverages within the store, and toprovide a quality retail development in conformance with the NeighborhoodEmpowerment Zone designation in the Comprehensive Plan, the applicant isproposing the following enhancements to the site:

New landscaping along MacArthur Boulevard and Sixth Street, to include 13total trees and a combination of flowers and ornamental grasses, in generalconformance to the landscape plan and with staff approval of the final landscapeplan. Although it is not shown on the plan, the applicant has also proposed newplanters at the front of the building. The landscaping will both beautify theproperty and provide a strong vegetative border between the sidewalk and thestore property;

Additional landscaping and intersection enhancements at the corner ofMacArthur Boulevard and West Sixth Street, including brick pavers at entrypoints;

Provide upgraded building faade treatments, as shown on the site plan, and

Paint the existing monument sign and the concrete screening wall along thenorth property line to match the color of the faade enhancement.

Remove the gasoline-prices pole sign, to be replaced by digital signs on thecanopy in compliance with the new sign ordinance provisions.

10. The proposed variance to the distance requirements only applies to the grocerystore. It does not apply to accessory retail locations on the subject property, such asthe gasoline service kiosk.

11. While the two closest points between the property lines of the school and thesubject property are approximately 240 feet apart, the store building isapproximately 700 feet from the nearest school building.

12. It is the Citys goal to help establish and maintain viable retail grocery shoppingoptions for both current and future residents of the Heritage Crossing neighborhood.For this reason, the variance provision was added to the alcoholic beverageordinance in 2008, and specifically limited to the Heritage Crossing area. Theapplicant has indicated that the inability to sell alcoholic beverages puts this store ata competitive disadvantage relative to stores outside of Heritage Crossing. Staffbelieves that approval of the variance would help provide an equitable solution.

13. Staff also believes the proposed property enhancements will provide a significantaesthetic benefit to the community. Additionally, the proposed improvements willhelp clearly delineate the separation between public and private space, anddiscourage cut-through pedestrian traffic to and from the school. Theseimprovements, along with the separation distance between the actual store and theschool buildings, allow staff to support the applicants request.


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14. The applicant has agreed to comply with the stipulations of the Planning and ZoningCommission.

15. Public notices were mailed to 79 property owners. Staff has received 15 commentforms and 58 letters in support, and 2 comment forms, 6 emails, and a petition with284 signatures in opposition. The opposition represents 0% of the land within 200feet of the subject property; therefore, a vote is not required to approve thisrequest.

Recommendation


APPOINTMENTS AND REPORTS

34 Resolution -- Appointments to the Irving Flood Control District Section I toFill Two-Year Terms Expiring January 2013



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

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

Recommendation


35 Resolution -- Appointing Board Members to the Tax IncrementReinvestment Zone No. 1 Board to Fill Two-Year Terms Expiring January2013


1. This item supports Strategic Goal No. 8: Sound Governance.2. Impact: Board members must be a qualified voter within the City of Irving or own

real property in the zone.

3. The City Council appoints five of the positions to this nine-member board.

Recommendation



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36 Resolution -- Appointing a Board Chair to the Tax Increment ReinvestmentZone No. 1 Board with a Term Expiring January 2012



2. Impact: In accordance with the city ordinance, the Council must appoint the Chairof this board yearly.

RecommendationThe resolution be approved.

37 Resolution -- Appointments to the Metropolitan Higher Education Authorityto Fill Two-Year Terms Expiring June 2012



2. Impact: The Metropolitan Higher Education Authority is a nonmember, nonstock,nonprofit corporation created by, and acting on behalf of, the City of Irving and isworking with the University of Dallas on capital improvements for its Irving campus.

3. This resolution reappoints the current board members pursuant to the boards bylawrequirements.

Recommendation


38 Mayors Report

39 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.

irvingcc agenda 2011-01-13

Documents