irvingcc packet 2011-12-08

8/3/2019 IrvingCC Packet 2011-12-08

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, DECEMBER 8, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 12/8/2011 1

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1:00 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, DECEMBER 7, 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 Kevin Weathers, Meadowbrook Baptist Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Citizens' ForumCitizens are invited to speak for three (3) minutes on matters relating to City government andon items not listed on the regular agenda.

Public Hearing: Items 1 through 41

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

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

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

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


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CITY COUNCIL AGENDA

1 First Public Hearing -- Re-Enacting Chapter 56 Entitled Curfew Hours forMinors of The Code of Civil and Criminal Ordinances of the City of Irving,Texas, Providing for a Curfew for Persons Under the Age of Seventeen inthe City of Irving

Administrative Comments

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

2. Impact: The reenactment of this ordinance, which has existed in Irving since 1994,will continue to enhance juvenile safety and reduce juvenile crime during the hoursof the curfew.

3. The substance of the ordinance will remain the same as the curfew ordinance thatrecently expired. The only changes will relate to statistical information in support ofthe curfew ordinance.

4. The juvenile curfew hours are from 12:01 a.m. through 6:00 a.m., Monday throughFriday, and 1:00 a.m. through 6:00 a.m., Saturday and Sunday.

5. This is the first of two required hearings.

Recommendation

Receive public input.

2 City Operations Update

3 Heritage Crossing Update

CONSENT AGENDA

4 Approving Work Session Minutes for Wednesday, November 16, 2011

5 Approving Regular Meeting Minutes for Thursday, November 17, 2011

6 Approving Special Meeting Minutes for Tuesday, November 22, 2011


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7 Resolution -- Authorizing the Mayor to Enter into an Agreement with theTexas Department of Public Safety/Texas Homeland Security StateAdministrative Agency (THSSAA) to Receive and Participate in the FiscalYear 2011 Homeland Security 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 FY2011 Homeland Security Grant Program(HSGP) sub-grant for a total of $559,300.35.

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

a. Urban Area Security Initiative - $291,692.00

b. Metropolitan Medical Response System - $267,608.35

5. The grant is for the period of September 1, 2011, to August 31, 2013.

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/Texas Homeland Security State Administrative Agency.

Recommendation

The resolution be approved.

8 Resolution -- Approving Addendum No. 2 Extending the Contract with IESITX Corporation for the Sale of Landfill Tonnage at Hunter Ferrell Landfill


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

2. Impact: This contract addendum will maintain the Citys revenue as well as ensurethe efficiency of the landfill operation.

3. This addendum establishes the extension of the contract for the sale of landfilltonnage at the Hunter Ferrell Landfill. The purpose of this addendum is to improve

operational efficiency at the landfill with no increase in manpower or equipment ordecrease in the landfill life beyond normal usage.

4. The extension shall be effective October 1, 2011 through September 30, 2012.

5. Revenue in the amount of $16.50 per ton will be deposited in the Solid WasteServices Enterprise Fund. The extension contract amount shall be calculated bymultiplying the cost per ton by the number of tons in the defined quantity of 30,000tons of municipal solid waste for the period October 1, 2011 through December 31,2011 and 45,000 tons from January 1, 2012 through September 30, 2012.


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Recommendation


9 Resolution -- Approving the 2011 Supplemental Benefit Plan Document


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

2. Impact: The Plan is revised to allow retired participants to elect a pop-up annuityoption of payment and be able to designate a new beneficiary in the event of adivorce, provided that any costs resulting from the change are borne by theparticipant.

3. The SBP received a favorable review and has been issued a Favorable Letter ofDetermination by the Internal Revenue Service. The letter affirms SBP tax exemptstatus and that the plan document is in compliance with appropriate federal codes.

4. Further revisions incorporate recent changes relating to veterans reemploymentrights in accordance with the requirements of Uniform Service Employment andReemployment Rights Act (USERRA) and other Internal Revenue Servicerequirements.

Recommendation



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10 Resolution -- Approving the 457 Deferred Compensation Plan Amendment


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

2. Impact: The City of Irving 457 deferred compensation plan was initially adopted onMay 24, 1974. The plan document is being revised to include recent legislativechanges governing governmental employers plans, including the Pension

Protection Act of 2006, the Heroes Earnings Assistance Act of 2008 (HEART), andthe Worker, Retiree, and Employer Recover Act of 2008 (WRERA), which areintended to bring the plan into compliance with the requirements of these legislativechanges and guidelines issued by the Internal Revenue Service.

3. This revision allows deferrals of accumulated sick, vacation and or back pay that ispaid by the later of 2 months following participants severance of employment orthe end of the calendar year in which the severance from employment occurred,provided that the election is made prior to the availability of the amount.

4. The change clarifies and incorporates veterans reemployment rights in accordancewith the requirements of Uniform Services Employment and Reemployment Rights

Act (USERRA).

5. It also clarifies the definition of compensation to include commissions, bonuses andovertime pay, bona fide sick, vacation or other leaves, and the definition ofemployee to mean any person who is employed by the City as a common lawemployee on a full-time basis.

6. The amendment explicitly notes that there shall be no loans made to participants.

7. The plan provides that all assets of participants or beneficiaries shall be held andinvested in a trust held in the exclusive benefit of the participants and theirbeneficiaries.

8. The attached deferred compensation plan document is a replacement of the 1998plan document. Due to the scope of changes stemming from recent legislations,Hartford drafted a model plan document for the City to adopt to ensure continuingcompliance with all the changes made in the law and IRS Code through 2008.These changes are defined in Section 1 (definitions), Section 2.2. (election ofannual deferral), Section 2.10 (protection of persons who serve in a UniformService), Section 3.5 (correction of excess deferrals), Section 4 (investmentresponsibilities) Section 5.1 (no loans), Section 6.1 (distributions from the plan)Section 6.4 (distribution of small account balances), Section 6. 10 (in-servicedistribution), and Section 6.11 (qualified distribution for retired public safetyofficers).

Recommendation



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11 Resolution -- Approving the 2011 Public Agency Retirement System(PARS) Section 457 FICA Alternative Retirement Plan Amendment



2. Impact: A revision of the plan document ensures government compliance withrecent Internal Revenue Service guidelines. The revisions do not change the citysadministrative procedures.

3. Key revisions include coordination of deferral with other qualified plans, in servicedistributions, administration of the Qualified Domestic Relations Order, and directrollovers into and from other plans.

4. The plan was also updated to include Roth IRA as an eligible retirement plan fordirect rollovers.

Recommendation


12 Resolution -- Authorizing the City Attorneys Office to File a Lawsuit toRequire Zoning and Code Compliance on Property Located at 2109Concord Drive, Irving, Texas


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

2. Impact: This suit will seek to address code violations at the property located at2109 Concord Drive, Irving, Texas.

3. The owner of the property located at 2109 Concord Drive, Irving, Texas,(Property) maintains her property with outside storage, junk, and refuse inviolation of the Citys zoning laws and The Code of Civil and Criminal Ordinances.

4. For over a year, the Code Enforcement Department has been trying to gaincompliance at the Property and have issued four citations. In addition, outsidestorage at the Property has been a repeated issue since 2004.

5. Outside storage, junk, and refuse issues are ongoing.

6. The resolution regarding the Property authorizes the City to file a lawsuit pursuantto Chapters 54 and 211 of the Texas Local Government Code to: a) compel the

owner to remove the outside storage, junk, and refuse from the Property and tomaintain the Property free from such materials; b) compel the owner to abate anyother violations that arise during the pendency of the lawsuit; c) allow the City toremove the outside storage, junk, refuse, and fence and place a lien on theProperty for its costs; and d) recover civil penalties and court costs.

Recommendation



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13 Resolution -- Approving an Engagement Letter with Gibson, Dunn &Crutcher LLP in Connection with the Appeal of City of Hugo, Oklahoma, etal. v. Nichols, et al.


1. This item supports Strategic Goals No. 8: Sound Governance and No. 9:Infrastructure Network.

2. Impact: This engagement letter will continue the joint effort of Irving, Texas, andHugo, Oklahoma, to bring additional water to Irving and North Texas.

3. Irving and Hugo received an Order from the United States 10th Circuit Court ofAppeals which would effectively prevent Irving from transporting the waterpurchased under the current agreement across a state line to satisfy the needs ofIrving residents.

4. Irving and Hugo believe it is in their best mutual interest to proceed to file a Petitionfor Writ of Certiorari with the United States Supreme Court to review the decision ofthe 10th Circuit Court of Appeals.

5. The City previously retained Gibson, Dunn & Crutcher LLP to conduct an initial case

assessment in this matter. The appeal would be handled by James Ho of theGibson, Dunn & Crutcher law firm in the net estimated amount of $160,000.00.

6. Funding in the amount of $160,000.00 is available in the Water & Sewer SystemNon-Bond CIP Fund.

Recommendation


14 Resolution -- Authorizing Staff to Negotiate a Professional ServicesContract with Alliance Geotechnical Group for the Annual GeotechnicalEngineering and Construction Materials Testing and Inspection Contract


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

2. Impact: This contract provides for the testing of construction materials for strengthand durability and to ensure all construction is structurally sound to assure public

welfare. This testing applies to construction operations for installation ofengineering facilities for new City of Irving subdivisions and capital improvementprojects.

3. Request for qualifications were solicited for this annual contract. Qualificationswere received from 19 firms. Five were chosen to be interviewed. The firms werecomparatively analyzed on the basis of expertise, experience, qualified manpower,capability of timely response, proper equipment, method of calibration andcertification, and method of report preparation and invoicing. Alliance GeotechnicalGroup was determined to be the firm to have the best expertise for the work


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solicited.

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

Recommendation


15 Resolution -- Approving an Engineering Services Agreement Between theCity of Irving and Pacheco Koch for the Design of the MacArthur Utilityand Paving Reconstruction Project



2. Impact: This consulting contract will design the necessary segments of the 48-inchJamison water supply line, additional transmission lines, and the roadway

reconstruction of MacArthur Blvd. from Grauwyler Road to SH 183 within thehospital district.

3. This project will design three different pipelines under MacArthur Blvd. and thereconstruction of MacArthur Blvd.

4. This project will also design the 48-inch Jamison water supply line within TomBraniff Drive from SH 183 to Texas Plaza. The replacement of this aged watersupply line is necessary to accommodate the future TxDOT SH 183 wideningproject.

5. Request for qualifications were solicited for this design project. Qualifications werereceived from 25 firms. Five were chosen to be interviewed. Pacheco Koch wasdetermined to be the firm to have the best design team expertise and experience forthe design of the work solicited.

6. Staff negotiated a fair and reasonable agreement with Pacheco Koch for theseservices in the amount of $859,028.00 and recommends award. Staff negotiatedthe total fee down from 10.5% to 9.5% of the proposed $9,000,000.00 constructionbudget.

7. The City of Grand Prairie will participate in the funding for the design of this project.They will contribute $366,648.00.

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

55%.9. Funding in the amount of $859,028.00 is available in the Water & Sewer System

Non-Bond CIP Fund.

Recommendation



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16 Resolution -- Awarding a Contract to S.J. Louis Construction of Texas,LTD., for the Grauwyler Road/Jamison Water Line Phase I Project



2. Impact: This project will install a segment of the Jamison Water supply line fromGrauwyler Road to the north under Voirin Road and continuing north under SH 183.

3. The replacement of this aged 48-inch Jamison water supply line is necessary toaccommodate the future TxDOT SH 183 widening project.

4. Bids were received from seven bidders. S.J. Louis Construction of Texas, LTD.,submitted the lowest responsive bid of $2,592,671.77. An additional $27,328.23 isrequired for testing, bringing the total cost of the project to $2,620,000.00.

5. Minority- and/or Women-owned Business (M/WBE) participation in this award is15%.

6. Funding in the amount of $2,620,000.00 is available in the Water ImprovementBond Fund. The City of Grand Prairie will participate in the funding for theconstruction of this project. Their share of the construction cost is $1,310,000.00.

Recommendation


17 Resolution -- Approving Addendum No. 1 to an Engineering ServicesAgreement Between the City of Irving and Freese and Nichols, Inc., for theDesign of the Water Meter Vault Reconstruction, Section IV Project and

Miscellaneous Water and Wastewater Main ReplacementsAdministrative Comments


2. Impact: Due to the current drought, the need to install the Master Water Plans 30-inch water main from the Jamison water supply line to the Northgate Pump Stationis needed by summer 2012.

3. This addendum will design the installation of 2,750 linear feet of a new 30-inchwater main in Northgate and Tom Braniff as well as 1,050 linear feet of 48-inchwater main in Texas Plaza.

4. Staff has negotiated a fair and reasonable addendum agreement with Freese andNichols, Inc., for these services and recommends approval.

5. Funding in the amount of $228,706.00 is available in the Water & Sewer SystemNon-Bond CIP Fund. The City of Grand Prairie will participate in funding part of thisproject. Their share of the design cost is $28,800.00.

Recommendation



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18 Resolution -- Approving Change Order No. 2 to SYB ConstructionCompany, Inc., for the Fifteenth/Robinson and Rainier Alley Water andWastewater Main Improvements Project



2. Impact: This change order will stabilize a slope at the eastern end of the Rainier

alley and provide an ADA compliant sidewalk at its intersection with the alleypavement. The side-slope cut for the new alley pavement was too steep for astable slope. A retaining wall is necessary to support the fence.

3. This water and/or wastewater project is a product of the FY2010-11 water rateincreases. This project replaces the utility lines on two streets and one alley fromthe Water Utility Departments list of top priority replacement projects. Thesereplacements will improve water quality, reduce maintenance needs and ensureadequate water for public safety.

4. This change order reflects the increased cost of installing a retaining wall and curbramp and additional sod to stabilize the disturbed width of the alley.

5. Funding in the amount of $12,200.00 is available in the Water Improvement BondFund.

Recommendation


19 Resolution -- Authorizing the Mayor to Execute a Local TransportationProject Advance Funding Agreement for Voluntary Maintenance by a Local

Government of a Sound Wall on State Highway 183 from West of StoryRoad to Wingren Road



2. Impact: City of Irving Public Works Transportation / Street Department will beresponsible for the maintenance of the aesthetically enhanced sound wall on StateHighway 183 from west of Story Road to Wingren Road.

3. The City received enhanced aesthetic improvements to the sound walls contingentupon the City maintenance.

4. TxDOT Sound Wall Project Cost $7.2M.

5. City of Irving Sound Wall upgrade cost avoidance $1.1M

Recommendation



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20 Resolution -- Approving the Communication Systems Agreement and theService Maintenance Agreement Between the City of Irving and MotorolaSolutions, Inc., for the Citywide Communication Infrastructure Project


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

2. Impact: The citywide communications system replaces the current radio systemwhich is at the end of its lifecycle. The new system will comply with federalmandates and provides interoperability with other radio systems in the region.

3. The new wireless communication system will provide voice and data services forthe City and will allow for the mobile use of applications that require voice and dataaccess for field personnel across the city.

4. The citywide communication system includes Land Mobile Radio System, PublicSafety LTE Broadband Wireless Network, Fiber Optic Network, and SystemIntegration. The system replacement timeline would begin December 2011 with theRFP Award, site readiness to begin January 2012 through June 2012. Projectimplementation on June 2012 and project completion estimated January 2014.

5. Proposals were received from four corporations. Two were chosen to beinterviewed. City staff evaluated and tested communication systems and products.Motorola, Inc, was determined to be the corporation to have the best value andcommunication system for the work solicited.

6. Staff negotiated an agreement with Motorola, Inc., for these services in the amountof $20,141,700.68 and recommends the award. Cost avoidance estimated in theamount of $3.5 million is based upon partnerships and system sharing with the Cityof Fort Worth and Harris County. Additional savings of $539,308.00 is providedbased on order placed by December 31, 2011.

7. Included with the Communication System Agreement is a 10-year ServiceMaintenance Agreement totaling $13,832,115.00. Selecting a 10-year maintenanceagreement provides a savings of $1,079,442.00 in comparison to a 5-yearmaintenance agreement. Additional savings of $584,118.92 is provided based onsigning the service maintenance agreement by December 31, 2011.

8. Minority- and/or Women-owned Business (M/WBE) participation in this award is19.6%

AccountNo.

FY201112

Expenditure

(CurrentYear)

FY201213

Expenditure

(GOBond)

FY201314

Expenditure

(GOBond)

FY201415

through

FY202324

Total

Expenditure

40012310

752010

909053

$0.00 $7,255,020.41 $8,056,680.27 $0.00 $15,311,700.68

54223251752010909053 $3,198,340.14 $801,659.86 $0.00 $0.00 $4,000,000.00

5422325175901912007 $830,000.00 $0.00 $0.00 $0.00 $830,000.00

1001231056406100 $0.00 $0.00 $0.00 $13,382,115.00 $13,382,115.00

Totals $4,028,340.14 $8,056,680.27 $8,056,680.27 $13,382,115.00 $33,523,815.68


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Recommendation


21 Resolution -- Approving Change Order No. 5 to Eagle Contracting, L.P., forthe MacArthur Pump Station


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

2. Impact: This change order is the final change order for this project and providesadditional required work at the MacArthur Pump Station. The project wascompleted under the original budget.

3. This is a final change order to the total project and provides credit $46,836.35 backfor unused money available in the contingency fund. This decreases the totalcontract amount to $14,578,163.65.

4. The major items on this change order include the addition of intrusion alarms on thepump station doors, painting of the structural steel and walls, modifications to thepocket park, and additional perimeter fencing.

5. Additional items include masonry work in the bathroom, power for the surge valve, aremote control for the bridge crane, fuel piping modifications for the generator, andmodifications to the irrigation system.

6. The project was completed by the substantial completion date of July 26, 2011 andthe final completion date of August 25, 2011. The schedule was revised to accountfor additional work, modifications, and days lost due to inclement weather.

Recommendation



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22 Resolution -- Approving a Reservation Agreement with SMG for the Use ofthe Irving Convention Center for the 15Th Annual Transportation andInfrastructure Summit


1. This item supports Strategic Goal No. 3: Economic Development and No. 9Infrastructure Network.

2. Impact: This fee agreement will provide food, beverages, and conference servicesin connection with the 15th Annual Transportation and Infrastructure Summitscheduled for August 14 - 17, 2012.

3. Funding in the amount of $150,000.00 is available in the Transportation SummitGeneral Fund.

Recommendation


Bids & Purchasing ItemsItems 23 - 28

23 Resolution -- Renewing the Agreement Between the City of Irving and TheBartlett Alliance, Inc., for Training



2. This item has been recommended by Performance Team.

3. Impact: This renewal compliments the existing Irving University training program

by providing focus on training aligned with the organizations philosophy andculture. Class topics were identified by the citys internal training committee.

4. This renewal establishes the continuation of an annual contract to provide training.

5. The annual estimated amount will be $120,000.00 for this one year contract, andfunding will be from the General Fund.

Vendor

FY201112Est.

Expenditures(CurrentFY)

FY201213Est.

Expenditures(FutureFY)

TotalEst.

Expenditure

TheBartlettAlliance,

Inc.

$90,000.00 $30,000.00 $120,000.00

Recommendation



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24 Resolution -- Approving the Single Source Agreement to SiemensIndustry, Inc., for Preventative Maintenance Services for VariableFrequency Drive Pumps at Lake Chapman and Hackberry Pump Stations



2. This item has been recommended by Public Works - Water Utilities.

3. Impact: This agreement will enable the city to provide efficient and cost effectivemaintenance and priority emergency service of selected pumps to ensure continuedwater flow to residents.

4. This single source award establishes an annual maintenance agreement forproviding preventative maintenance service for the medium voltage variablefrequency drive (VFD) pumps at Lake Chapman and Hackberry pump stations. Theagreement provides for routine maintenance visits and priority service in the eventof an emergency. Components are supplied exclusively by Siemens which ensurescompatibility and provides a warranty for operation and suitability.

5. Funding in the net annual amount of $24,610.00 for FY 2011-12 or a total of

$77,570.00 for this three-year contract will be available in the HardwareMaintenance Agreements Fund.

Vendor

FY201112Est.

Expenditures(CurrentFY)

FY201213Est.


FY201314Est.


TotalEst.

Expenditure

SiemensIndustry,Inc. $24,610.00 $25,835.00 $27,125.00 $77,570.00

Recommendation


25 Resolution -- Cancelling the Contract with Metro Valve & Pipe Inc., andApproving and Accepting the Bid of HD Supply Waterworks for BrassFittings



2. This item has been recommended by Public Works Water Utilities.

3. Impact: It is recommended that the city cancel the award to Metro Valve & Pipe,Inc., for items I-V, VIII, IX, XI-XIII and award said items to HD Supply Waterworks,the next low bidder for ITB 057M-11F Brass Fittings.

4. Metro Valve & Pipe, Inc. is not able to provide the listed items. HD SupplyWaterworks response was the next lowest and they have agreed to maintain theprices from their original bid.


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5. This award to the next lowest responsive bidder establishes an annual contract forthe continuation of providing brass fittings.

5. Funding in the net estimated annual amount of $25,983.37 is available in the Waterand Sewer System Fund.

Vendor

FY201112Est.Expenditures(CurrentFY)

TotalEst.

Expenditure

Metro Valve & Pipe, Inc.

Cancellation

$25,862.65

$25,862.65

HD Supply Waterworks

NewAward $25,983.37 $25,983.37

Recommendation


26 Resolution -- Approving Change Order No. 1 with Maloney StrategicCommunications, Inc., for Advertising Agency Representation


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

2. This item has been recommended by Irving Convention and Visitors Bureau.

3. Impact: The additional money from the change order will allow the amount spentfor FY 2011-12 to equal the amount budgeted for this year.

4. The city is currently in the second year of the first renewal. The net estimatedamount was $300,000.00 in the renewal and the approved budgeted amount for FY11-12 is $350,000.00. This Change Order authorizes the Irving Convention andVisitors Bureau to spend the full budgeted amount. The original contract wasawarded on the basis of competitive bids.

5. The amount of Change Order No. 1 is $50,000.00 for this fiscal year, and fundingwill be from the Irving Convention and Visitors Bureau General Fund.

Vendor

FY201112

Original

Expenditure

(Current

FY)

FY201112

ChangeOrderNo.1

Expenditure

(Current

FY)

FY20111212

TotalExpenditure

MaloneyStrategic

Communications,Inc. $300,000.00 $50,000.00 $350,000.00

Recommendation



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27 Resolution -- Rejecting All Bids for the Aerial Lift for the Irving ConventionCenter



2. This item has been recommended by the Irving Convention and Visitors Bureau.3. Impact: It is recommended that the city reject all bids.

4. The two responses received on this bid are significantly over budget.

5. The Irving Convention and Visitors Bureau has not yet made a final determinationon whether to rebid this item.

Recommendation

The resolution for rejection be approved.

28 Resolution -- Rejecting All Bids for Automobile and Truck Parts



2. This item has been recommended by Public Works - Fleet.

3. Impact: It is recommended that the city reject all bids and pursue options through

cooperative purchasing agreements.

4. Only one of the ten bids received was responsive and it was over budget.

Recommendation

The resolution for rejection be approved.

End of Bids

29 Ordinance -- Amending the City of Irving, Texas, Emergency WaterManagement Plan (Drought Contingency Plan and the Water ConservationPlan) to Modify Drought Restrictions in Stages 1 through 5.


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


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2. Impact: The consolidation of drought stages 3 and 3 plus, as well as rewriting thedrought response triggers and restrictions in a consistent format, will promote betterclarity and understanding. Stage 3 will restrict irrigation to one day per week.

3. As the drought continues and water supplies drop further, it will be necessary tofurther reduce irrigation water use so that water is available to maintain publichealth, safety and welfare.

4. The proposed stage 3 modifications will provide another tool that will preserve

existing water supplies.5. Transportation and Natural Resources Committee was briefed on plan changes on

November 21, 2011.Recommendation

The ordinance be adopted.

30 Ordinance -- Authorizing the Abandonment of a Portion of TeleportBoulevard and Associated Public Utility Easements for the DART Orange

Line ProjectAdministrative Comments

1. This item supports Strategic Goal No. 3: Economic Development and Goal 9:Infrastructure Network

2. Impact: This abandonment will accommodate the construction of the DART OrangeLine and allow for development of the site with a deferred station and future BNSFintermodal station.

3. The DART Orange Line crosses this portion of Teleport Boulevard at a severeangle and grade differential, requiring the street and utilities to be removed.

Teleport Boulevard will remain in place from Las Colinas Boulevard, but will nowdead end at the entrance to the ONCOR substation.

4. DART has relocated all impacted utilities associated with the removal of the street.

5. The abandonment is conditioned on DART re-platting the property and providingnecessary easements and right-of-way to accommodate the new terminus ofTeleport and the relocated utilities.

6. The city will transfer ownership of the abandoned right-of-way and Parcel 15-1Revised, subject to retaining an underground utility easement.

Recommendation

The ordinance be adopted.


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INDIVIDUAL CONSIDERATION

31 Resolution -- Determining the Estimated Net Bond Proceeds of the City ofIrving for the Purpose of Constructing the Entertainment Center Project



2. Impact: This determination of Estimated Net Bond Proceeds is the next step infinancing the Entertainment Center.

3. Following council direction of November 16, staff instructed First Southwest to workwith our underwriters Estrada-Hinojosa and J.P. Morgan to seek an indicative ratingfrom the rating agencies of a bonding structure of $170,000,000.00 using thevarious revenue streams pledged to secure the bonds. The developmentagreement requires the bonds to be rated at one of the four highest long-term ratingcategories [BBB or higher].

4. The final judgment in the bond validation suit was rendered November 29, 2011.The Entertainment Center Development Agreement requires that the City make the

determination of Estimated Net Bond Proceeds not later than 15 days after thefinal judgment is rendered.

5. The proposed resolution of Net Estimated Bond Proceeds is based upon therecommendation of the citys financial advisor and city staff. The bonding capacityof the various revenue streams pledged to secure the bonds totals$128,850,000.00. This is reduced by $23,560,000.00 to refund architectural andengineering costs, leaving an Estimated Net Bond Proceeds of $105,290,000.00 forconstruction purposes.

6. The amount of the bonds can be increased upon receipt of the indications from therating agency and bond market. These reports will be used to finalize participation

decisions in the Bond Ordinance the council will consider when Las Colinas Groupdelivers its executed loan commitment.

7. Upon notification of this determination, the Las Colinas Group will have 60 days todeliver an executed loan commitment from financial institution(s) or investors in theamount equal to total project costs minus net bond proceeds, currently an estimatedamount of $80,000,000.00.

Recommendation



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32 Resolution -- Approving a Fee Agreement with Premier Meeting and EventManagement


1. This item supports Strategic Goal No. 3: Economic Development and No. 9:Infrastructure Network.

2. Impact: This fee agreement will allow for meeting planning, audio visual, and onsiteconference management services in connection with the 5 th Annual Transportationand Infrastructure Convention scheduled for March 7 - 9, 2012 and the 15 th AnnualTransportation and Infrastructure Summit scheduled for August 14 - 17, 2012.

3. The agreement consists of a not to exceed amount of $79,815.00 includingreimbursable expenses in an amount not to exceed $500.00.

4. Funding in the amount of $79,815.00 is available in the Special Event ProductionFund.

Recommendation


ZONING CASES AND COMPANION ITEMS

33 Resolution -- Approving Preliminary/Final Plat #PL11-0037 SullinsIndustrial Addition, Revised - Approximately 2.41 Acres Located at 1121Winston Street - Peiser Surveying, LLC, Applicant; Roy Sullins, Owner


1. This item supports Strategic Goal No. 1: Land Use.2. Planning and Zoning Commission Hearing Date and Recommendation: November

21, 2011 Technical Denial 7-0 (Commissioners Randall and Allen, absent)

3. The property is currently platted as Lot 1 of Sullins Industrial Addition. The applicantis dividing the one lot into two lots to allow new construction.

4. This plat is being forwarded to the City Council for approval due to the followingexception to the Subdivision Ordinance:

Section 35-20(b) of the Subdivision Ordinance requires that a cul-de-sac beprovided at the end of all dead-end streets. The plat does not provide a cul-de-

sac or other turn-around at the termination of Legion Street, which is abandonedthrough the subject tract. Legion Street does not appear on the Citys list ofstreets, but appears on the tax parcel maps as right-of-way. Staff does not see aneed for a cul-de-sac at the termination of this 105 ft. length of right-of-way.

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

Recommendation




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34 Ordinance -- Zoning Case #ZC11-0041 - Granting S-P-1 (Detailed Site Plan)for C-N (Neighborhood Commercial) Uses - Approximately 0.65 AcresLocated at 3321 West Pioneer Drive - 3MA Design, Applicant - 4MManagement Inc., Owner


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

2. Planning and Zoning Commission Hearing Date and Recommendation: November7, 2011 Postpone to November 21, 2011 6-0 (Commissioners Zapanta, LaRoseand Fischer, absent); November 21, 2011 - Favorable 7-0 (Commissioners Randalland Allen, absent)

3. The applicant is requesting rezoning to allow an expansion to the existing autoservice building with bay doors facing an arterial street.

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

5. The property is currently developed with a 3,893 sq. ft. tire store with three (3) baydoors facing Pioneer Drive, an arterial street. The applicant is seeking to expand

the existing business by 5,762 sq. ft. This expansion will include three (3) additionalbay doors which will also face W. Pioneer Drive. Since bay doors are not allowedto face an arterial street, the property must be rezoned to allow for an exception tothis requirement.

6. The applicant proposes that the expansion be constructed of metal with a masonryfaade on the south, east and west sides of the building to match the existingmasonry faade on the existing building. If the applicant is unable to match theexisting masonry faade, a new masonry faade will be installed for consistency.The north wall of the expansion is proposed to be metal, but screened from theproperty to the north by an 8 foot solid fence.

7. The site plan includes an 8-foot tall stained cedar wood fence along the northproperty line and along the east property line adjacent to the building. The fencereduces in height to 6-feet along the east property line in front of the building toscreen the parking area and overhead doors from view from the east. The planshows that the 12-foot drive on Luke St. will be paved and the width of the existingdrive on Pioneer will be increased to 24 feet. The site plan also notes that the metalcanopy will be repainted and the sign on the metal canopy may not exceed 25% ofthe background on which it appears.

8. The applicant is proposing to install four (4) additional trees, two (2) along W.Pioneer Dr. and two (2) along Luke St., with new shrubs along both street frontagesto screen the parking.

9. The site plan also includes notes requiring the color scheme of the building to beconsistent with neutral colors, including all overhead doors and the canopy,requiring a holding container for trash to be provided inside the building a not visiblefrom the right-of-way, and requiring the replacement of the existing pole sign with amonument sign.

10. Staff believes that the additional landscaping, fencing and masonry materials on theexpansion area will ameliorate any negative impact of the bay doors facing Pioneer.


11. Public notices were sent to eighteen (18) property owners, with two (2) letters in


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support and two emails in opposition received.

Recommendation

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

35 Ordinance -- Zoning Case #ZC11-0045 - Granting S-P-1 (Detailed Site Plan)for R-AB (Restaurant with Alcoholic Beverages) - Approximately 0.06Acres Located at 10009 North MacArthur Boulevard - Wells AssetsManagement, Applicant - DHC Hawaii Holdings LLC, Owner


1. This item supports Strategic Goal No. 1: Land Use.2. Planning and Zoning Commission Hearing Date and Recommendation: November

7, 2011 Favorable 6-0 (Commissioners Zapanta, LaRose and Fischer, absent)

3. The applicant is requesting a zoning change to allow an outside dining area with theaccessory use of alcoholic beverage sales for on-premise consumption.

4. The 2008 Comprehensive Plan Future Land Use Map recommends Retailusesforthis property. This request is in conformance with the Comprehensive Plan.

5. The property is developed with a restaurant in a multi-tenant retail center with S-P-1for R-AB zoning to sell alcohol. The applicant is expanding the restaurant with apatio area located in the sidewalk and parking area at the north end of the parking

lot. Ten seats will be provided on the patio. A wrought-iron fence will enclose thepatio.

6. The applicant is increasing the seating count to take advantage of the existingparking spaces. Sixty-four seats are provided in total, requiring 26 parking spaces.The shopping center as a whole requires 61 spaces; 61 spaces are provided.

7. The request complies with all requirements of the R-AB ordinance.

Recommendation




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36 Ordinance -- Zoning Case #ZC11-0046 - Granting S-P-1 (Detailed Site Plan)for C-C (Community Commercial) Uses and Reduced Interior Parkway Area- Approximately 1.077 Acres Located at 1308 East Airport Freeway - PinkConsulting, Applicant - McDonalds USA LLC, Owner



2. Planning and Zoning Commission Hearing Date and Recommendation: November21, 2011 - Favorable 7-0 (Commissioners Allen, Randall, absent) subject to theapplicant providing some additional notes on the site plan.

3. The applicant is requesting a zoning change for a reduced front interior landscapedparkway area.

4. The 2008 Comprehensive Plan Future Land Use Map recommends State Highway183 Overlay uses for this property. This request is in conformance with theComprehensive Plan.

5. The property is developed with a McDonalds restaurant with frontage on bothAirport Freeway and Carl Road. The applicant is renovating the restaurant,

requiring compliance with the Commercial Design Standards for materials andarticulation. The new faade will be made of stone veneer and brick masonry, withvertical and horizontal articulation provided at corners and entries, and will besimilar to other newly constructed McDonalds restaurants in Irving.

6. The renovation also requires compliance with the landscape ordinance. Theproperty as currently developed cannot provide the required 30-foot landscapebuffer on the SH-183 frontage due to the location of the building and driveways. Theapplicant proposes to provide the same number of required trees but in a reducedlandscape area:

Total existing trees Total proposed treesSH 183 interior parkway 5 6

Carl Road interior parkway 2 2

Parking lot 5 6

7. The applicant will eliminate two parking spaces adjacent to SH-183 and fouradjacent to Carl Road and replace with landscaping to maximize the amount oflandscaping on both frontages.

8. The restaurant will remain 5,623 square feet in size, and will provide 51 parkingspaces for the 140 seats. The State Highway 183 Overlay requires one parking

space for each 100 square feet of restaurant space, or 56 spaces. The applicant isproviding 729 square feet of landscaping at the street frontages as part of thisrequest. Staff does not believe the reduction of 5 required spaces will have asignificant impact on this site.

9. On June 10, 2010, the City Council approved a variance to the Sign Ordinance tomaintain the existing 50-foot pole sign for (1) no longer than 120 days after theremoval of the gas station and sign located at 1300 E. Airport Freeway, or (2) untilJune 10, 2012, at which time it must be brought into compliance with the current



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height and area requirements. A note confirming this requirement has been addedto the site plan.

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

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

Recommendation


37 Ordinance -- Amending Section 52-38 Parking and Loading DevelopmentStandards to Revise Paving and Striping Standards and Add ResidentialParking Standards and Amending Section 52-35a Landscaping and TreePreservation Subsection (c) Property Zoned for Residential Uses

Accordingly - City of Irving, ApplicantAdministrative Comments


2. Planning and Zoning Commission Hearing Date and Recommendation: November21, 2011 Favorable 6-1 (Commissioner Gregory, nay; Commissioners Randalland Allen, absent).

3. This is an amendment to the parking and loading standards to establish commercialparking construction standards, update the parking layout exhibits, provideresidential driveway construction standards and exhibits, and amend Section 52-

35a Landscaping and Tree Preservation to remove the residential parkingstandards from that section.

4. The parking and loading standards are currently located in different sections of theZoning Ordinance and need to be consolidated in one section for logicalorganization. Updated exhibits are also proposed to be added for consistentapplication. Parking and loading standards in Sec. 52-38 are proposed to read asfollows. These standards are almost identical to the standards adopted earlier thisyear in the State Highway 183 Overlay District:

Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and

any non-residentially zoned property used for parking or storage of vehicles, trucks,

trailers, or motorized equipment of any kind shall be paved with a minimum of 5 inches

of 3000 pounds per square inch concrete with #3 rebar on 18 inch center both ways, or

an equivalent standard of asphalt. Parking lots, driveways, and internal circulation

areas shall be maintained free of potholes, with a smooth surface fee of rubble, and

cracks sealed. Permeable paving meeting the applicable standards of the city may be

installed in low traffic volume areas or areas that are not used for fire lanes or loading

or unloading. All required parking shall be clearly striped.

A clearer graphic is proposed to replace the older parking design graphic in Section


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52-38(i).

5. A residential parking section is proposed to be added to 52-38 for design,construction and placement standards for single family and duplex use drivewayswhich is proposed to read as follows, with paragraph (j)(1) simply being moved fromthe Landscaping and Tree Preservation section of the zoning ordinance:

(j) Residential Driveways

(1) Residential driveways serving property used for single-family and duplex uses shallbe constructed of concrete, asphalt, bricks, or pavers per city standards for such

materials. It is an affirmative defense to this subsection that the driveway existed at the

time this subsection became effective August 3, 2006. Driveways existing at the time this

subsection became effective may be extended but the materials used for the surface of

such extension must be of the same or better material and standard as the original

construction of such driveways, except a driveway constructed of concrete or asphalt

may transition into compacted gravel per city standards when the existing driveway has

extended twenty-five (25) or more feet from the front property line or tract.

(2) Driveways and on-site parking serving property used for single-family and duplex

uses shall be constructed in accordance with this subsection. These guidelines providerecommendations concerning the design, construction and placement of driveways and

on-site parking berths in order to ensure a high quality visual impression of the

communitys neighborhoods.

Design graphics for residential construction are provided to illustrate acceptabledriveway designs.

6. The ordinance also modifies Sec. 52-35a Landscape and Tree Preservation toremove the parking and loading standards from that section.

Recommendation


38 Ordinance -- Amending Section 52-75 Definitions of ComprehensiveZoning Ordinance No. 1144 and Amending Section 8-4 of Chapter 8Building Standards Code of the Code of Civil and Criminal Ordinances ofthe City of Irving, Texas by Amending the Definition of "Family" - City ofIrving Applicant


1. This item supports Strategic Goal No. 1: Land Use and Strategic Goal No. 2:Neighborhoods


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2. Planning and Zoning Commission Hearing Date and Recommendation: November21, 2011 Favorable 6-1 (Commissioner Gregory, nay; Commissioners Randalland Allen, absent)

3. This is an amendment to the Zoning Ordinance and to Chapter 8 of the Code ofOrdinances to amend the definition of family.

4. For several months, Staff has been working with the City Council Planning andDevelopment Committee to review various issues related to protecting

neighborhood integrity. Among the ordinance provisions that have been identifiedas needing changing is the current definition of family. The current definition offamily in both the Zoning Ordinance and Chapter 8 of the Code of Ordinances is:

Any number of individuals living together as a single housekeeping unitinterdependent upon one another.

This definition potentially allows an unlimited number of unrelated individuals to livetogether in a single family home. A review of how other North Texas communitiesdefine family along with a review of court decisions revealed that mostcommunities limit the number of unrelated individuals living together to betweenthree and six people, with three and four being the most common numbers.

5. Staff recommends that the definition of family be amended to read:One (1) or more persons who are related to the head of the household by blood,marriage or adoption and no more than three (3) unrelated persons living togetheras a single housekeeping unit and occupying a single dwelling with single kitchenfacilities on a non-profit, cost-sharing basis. Foster children shall be considered tobe related members of the family.

Recommendation


APPOINTMENTS AND REPORTS

39 Resolution -- Appointment to Boards, Commissions, and Committees, to

Fill an Unexpired Term for the Planning & Zoning CommissionAdministrative Comments


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

3. The vacant position under consideration is Planning & Zoning Commission- Place8.


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Recommendation


40 Mayors Report

41 Adjournment

irvingcc packet 2011-12-08

Documents