AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, FEBRUARY 18, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS
CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update

CONSENT AGENDA
2 Approving Minutes for Wednesday, February 3 and Thursday, February 04,
2010

3 Resolution -- Authorizing the Mayor to Enter into an Agreement with Dallas

County Elections Department to Administer the Regular Municipal Election
to be Held on Saturday, May 8, 2010, for the Purpose of Electing City
Council Places One, Two, and Seven, and Calling a Subsquent Run-Off
Election If Necessary
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The Dallas County Elections Department contract streamlines the election
process for the City and reduces cost.
3. The standard contract that the City will enter into with Dallas County Elections
Department is in compliance with the election code and will be reviewed by the City
Attorney’s Office.
4. Funding in the amount of $26,171.62 is available in the General Fund.
Recommendation
The resolution be approved.

City Council Agenda 02/18/2010 1

4 Resolution -- Authorizing the Destruction of Obsolete Records in
Accordance with the City of Irving’s Records Management Policy
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Departments annually approve destruction of records whose legal
retention has been met. This assures that all records destruction is in compliance
with the Records Management Plan.
3. Destruction is requested for 75 cubic feet of records for Management Operations,
Engineering, Transportation and Irving Convention and Visitors Burea.
Recommendation
The resolution be approved.

5 Resolution -- Approving a Professional Services Agreement with Gideon

Toal to Provide Consultant Services Within Tax Increment Reinvestment
Zone No. 1
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Authorizing economic development incentives and amending the financing
plan to reflect actual costs are important improvements that add to the effectiveness
in TIF No. 1.
3. The study delivered by Gideon Toal in 2009 identified important opportunities for
TIF No. 1.
4. Authorizing economic development incentives and amending the financing plan to
reflect actual costs are important improvements that add to the effectiveness in TIF
No. 1.
5. The technical scope of work in this specialized area includes: Preparation of
necessary documents to amend the project and financing plan in TIF No. 1 in
compliance with state statutory and intergovernmental contractual requirements.
6. The scope of work also includes presentations to the Irving ISD and Carrollton-
Farmers Branch ISD Boards; Presentation to the City of Irving TIF Board and City
Council.
7. Funding for these services are available in the TIF Fund and will not exceed
$31,500.

Funding in the amount of $31,500 is available in the TIF Fund.

Recommendation
The resolution be approved.

City Council Agenda 02/18/2010 2

6 Resolution -- Approving Municipal Setting Designation and Restrictive
Covenants for Property Located at or Near 2200 to 2314 Shady Grove
Road, TSCA-222 Limited Partnership, Owner
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this application for a Municipal Setting Designation (MSD) will
encourage continued reinvestment in the property to better serve the retail needs of
the community and avoid unnecessary expenditures on shallow ground water.
3. The property affected located at and around 2200 to 2314 West Shady Grove Road
has a number of retail outlets, the largest of which is Minyards, and also includes
the rental space for the City of Irving Southwest Branch Library.
4. The applicant has proposed deed restrictions which will prevent the use of shallow
ground water under this site which water contains chemicals of concern at
concentrations above applicable Tier 1 groundwater ingestion protective
concentration levels established by the Texas Commission on Environmental
Quality (TCEQ).
5. City approval is required prior to consideration by the TCEQ as to whether to grant
MSD status to the property.
6 The proposed deed restrictions prevent any use of this shallow ground water other
than for testing, and allow enforcement by the City or the State to prevent exposure
to the chemicals of concern.
7. Although Council previously considered this request on June 11, 2009, delays in
lienholder approval of the deed restrictions occurred. Lienholder Wells Fargo is
now considering requests of this type and has approved this item.
8. This item is resubmitted since a parcel of land at 2326 West Shady Grove Road
sold off and the new owners did not wish to participate in this request.
Recommendation
The resolution be approved.

City Council Agenda 02/18/2010 3

7 Ordinance -- Amending Section 21-87 of Chapter 21 of the Code of Civil
and Criminal Ordinances of the City of Irving, Texas by Adding a School
Zone on East Grauwyler Road from 500' West of Milner Road (South of
East Grauwyler Road) to 500' East of Milner Road (South of East Grauwyler
Road) and on Milner Road (South of East Grauwyler Road) for a Distance
of 500'; Providing a Penalty; and Providing a Severability Clause.
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and secure City.
2. Impact: The proposed ordinance will enhance the safety of school children walking
to John R. Good Elementary.
3. The proposed Ordinance improves the safety of the marked school crossing.
4. All school zones are required to be entered into ordinance in order to be
enforceable by Irving Police.
Recommendation
The ordinance be adopted.

8 Ordinance -- Amending Section 21-88 of Chapter 21 of the Code of Civil

and Criminal Ordinances of the City of Irving, Texas by Adding a Speed
Limit of 55 MPH on Spur 482 from the West End of the Trinity River Bridge
East to the Dallas City Limits; 60 MPH on Spur 482 from the West End of
the Trinity River Bridge West to SH 183 and 55 MPH on IH635 Frontage
Roads from Olympus Boulevard to Belt Line Road
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and secure City.
2. Impact: The proposed ordinance allows Irving Police to enforce reasonable speed
limits.
3. Traffic studies have been conducted by the Texas Department of Transportation
determining that the 55 MPH speed limits are reasonable and safe for vehicles
traveling on Spur 482 from the west end of the Trinity River bridge east to the
Dallas City Limits; 60 MPH speed limits for vehicles traveling on Spur 482 from the
west end of the Trinity River bridge west to SH 183 and 55 MPH for vehicles
traveling on IH635 Frontage Roads from Olympus Boulevard to Belt Line Road.
4. While these are State facilities, City Council action is required for implementation.
Recommendation
The ordinance be adopted.

City Council Agenda 02/18/2010 4

9 Resolution -- Authorizing the First Renewal Term to the Third Lease
Amendment Agreement for the Lease of Property Located at 2904 North
Belt Line Road for the Northwest Branch Library
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The extension of the lease will allow the library to continue to operate at the
current location without interruption of services until the new library opens in March
2011.
3. The current lease was negotiated in 2006 and provided an original term of three
years with two one-year extensions. These terms were negotiated in anticipation of
a new library opening toward the end of the lease term.
4. The city is exercising the first of the two one-year extension options. The annual
rent during the renewal term is $115,675.20. An additional $25,000.00 is needed
for property taxes.
5. Funding for the lease from April 1, 2010 to September 30, 2010 was approved in
the current year budget.
6. Funding in the amount of $70,337.60 will be required in the FY10-11 budget to fund
the lease from October 1, 2010 to March 31, 2011.
Recommendation
The resolution be approved.

10 Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC., for the
Undergrounding of Overhead Electric Facilities in Front of the MacArthur
Pump Station
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use, No. 2: Vibrant Neighborhoods,
No. 3: Economic Development, and No. 9: Infrastructure Network.
2. Impact: The undergrounding of electric facilities in front of the MacArthur Pump
Station will provide a more reliable power source in inclement weather, and will
enhance visual appearance by eliminating overhead power lines.
3. This agreement includes the removal of poles, pole-mounted transformers and
overhead wiring along MacArthur Blvd. and in front of the pump station. New
underground cable will be installed in conduits provided by the MacArthur Pump
Station contractor, Eagle Contracting, L.P.
4. This project supplements the planned MacArthur corridor improvements.
5. Funding in the amount of $152,070.04 is available in the Street Improvement Bond
Fund.
Recommendation
The resolution be approved.

City Council Agenda 02/18/2010 5

11 Resolution -- Approving Change Order No. 3 to Eagle Contracting, L.P., for
the MacArthur Pump Station
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This change order provides for the work necessary to underground the
utilities in front of the pump station in accordance with the MacArthur Corridor
Improvements.
3. The major items on this change order include installation of underground conduits
and other work necessary to underground the franchise utilities in front of the pump
station and additional required electrical work for the pump station.
4. Additional items include a credit for the removal of an automatic transfer switch at
the Northgate Pump Station, a credit for the deletion of an 18” overflow line,
modifications to the 720 zone discharge line, and relocation of an electrical and
communications manhole.
5. The total amount of the change order is $159,747.51, which will be charged to the
existing contingency fund. After this change order, the contingency fund will have
an available balance of $186,604.73. Project is still within the original budget.
6. An additional 25 calendar days was added to bring the new final completion date to
November 13, 2010 to account for additional work.

Recommendation
The resolution be approved.

City Council Agenda 02/18/2010 6

12 Resolution -- Approving and Accepting the Proposal of Resource Rescue,
Inc., for an Annual Contract for the Citizen Recyclable Drop-Off Program
Administrative Comments
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. This item has been recommended by Solid Waste Services.
3. Impact: This service provides convenient drop-off facilities for residents to deposit
recyclable items and helps to maintain the City’s environment through more efficient
waste stream management.
4. Residents may recycle paper, plastics, glass bottles and jars, aluminum and steel
cans, textiles, video tapes, CD’s/DVD’s, plastic grocery sacks, cellular phones,
toner and inkjet cartridges, and electronics.
5. This award establishes an annual contract for the continuation of providing the
citizen drop-off recyclable program.
6. Funding in the net estimated amount of $66,500.00 for the period of March 1, 2010,
through September 30, 2010; in the net estimated amount of $114,000.00 for the
period of October 1, 2010, through September 30, 2011; in the net estimated
amount of $47,500.00 for the period of October 1, 2011, through February 28, 2012,
is available in the Solid Waste Enterprise Fund, subject to funds being appropriated
in Fiscal Years 2010-11, and 2011-12
Recommendation
The resolution be approved.

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

City of Allen to Establish a Mutual Cooperative Purchasing Program
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item has been recommended by Intergovernmental Services – Purchasing.
3. Impact: Entering into this mutual cooperative purchasing agreement allows both
governmental entities to utilize each others contracts for various goods and services
for anticipated savings to each entity.
Recommendation
The resolution be approved.

City Council Agenda 02/18/2010 7

14 Resolution -- Renewing the Annual Contracts with KRK Technologies, Inc.,
and DMI Technologies, Inc., for Network Cabling Services
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. This item has been recommended by Information Technology and it is a
Maintenance/Support Task approved by the Technology Review Committee.
3. Impact: These contracts provide the necessary services to continue new telephone,
computer, printer, and security installations for existing and new City infrastructures.
4. This renewal establishes the continuation of an annual contract to provide network
cabling services and related parts. The original contracts for Item 1, Section 1 and
Section 2 were awarded on the basis of competitive proposals.
5. Funding in the net amount of $17,664.76 for the period of May 1, 2010, through
September 30, 2010; in the net estimated amount of $35,329.52 for the period of
October 1, 2010, through September 30, 2011; and in the net estimated amount of
$17,664.76 for the period of October 1, 2011, through April 30, 2012, is available in
various funds, subject to funds being appropriated in Fiscal Years 2010-11 and
2011-12.
FY09-10 FY10-11 FY11-12 Total 2-Year
Vendor Item(s) Est. Exp. Est. Exp. Est. Exp. Est. Exp.
KRK Technologies, Inc. Section 1, Item 1 $10,150.00 $20,300.00 $10,150.00 $40,600.00
DMI Technologies, Inc. Section 2 $ 7,514.76 $15,029.52 $ 7,514.76 $30,059.04
Total Est. Amount $17,664.76 $35,329.52 $17,664.76 $70,659.04

Recommendation
The resolution be approved.

15 Ordinance -- Authorizing the Partial Abandonment of Imperial Drive Right

of Way Within Lot 3, Block A, Don Herring Mitsubishi Addition Located at
3125 West Airport Freeway
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: The partial abandonment of the right of way will allow the property owners
to redevelop the site.
3. A Sight, Drainage, Utility and Sidewalk Easement will be retained and preserved.
4. The requirements of the City of Irving have been satisfied and there are no
objections to the request.
Recommendation
The ordinance be adopted.

City Council Agenda 02/18/2010 8

 ZONING CASES AND COMPANION ITEMS
16 Ordinance -- Zoning Case #ZC09-0043 - Granting S-P-2 (Generalized Site
Plan) for C-O (Commercial Office) and Senior Living Facility Uses -
Approximately 4.807 Acres Located at 3501 North MacArthur Boulevard -
Baldwin Associates, Applicant - SCS Capital Group, LLC, Owner
(Postponed at the January 14, 2010 City Council Meeting)
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: November
2, 2009 – Postpone to December 7, 2009, 6-0 (Commissioners Foust, Gregory and
Dyer, absent); December 7, 2009 – Postpone to February 1, 2010, 9-0; February 1,
2010 – Postpone indefinitely, 7-0 (Commissioners Randall and Zapanta, absent)
3. The applicant is requesting to rezone the property to redevelop it with a senior living
facility.
4. The property is currently developed with six single story buildings. The applicant is
wishing to rezone the property to remove five of the buildings and a portion of one
of the buildings to construct a 2-story senior living facility.
5. The applicant is proposing to construct a senior living facility with 80 assisted living
units that will provide long term living accommodations and 24 hour assistance to
elderly residents.
6. Subsequent to this case being advertised staff became aware of several legal
issues concerning deed restrictions on the property that would prohibit the proposed
use even if this case was approved by the City. Additionally, questions have arisen
regarding the ownership of the property as represented by the applicant. Due to
these issues, the Commission postponed the case several times to allow the
applicant time to resolve the issues. The applicant has now requested an indefinite
postponement.
7. Public notices were sent to thirty-eight (38) property owners, with five (5) letters in
support and three (3) letters in opposition received. The opposition represents
1.86% of the property within 200 feet.

Recommendation
Postpone indefinitely.

City Council Agenda 02/18/2010 9

17 Ordinance -- Zoning Case # ZC09-0055 - Granting S-P-2 (Generalized Site
Plan) for Townhouse, Retail and Mixed Uses - Approximately 4.98 Acres
Located Between South Delaware Street, South Britain Road, East Second
Street, and East Fourth Street - Heritage District, LLC, Owner/Applicant
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: February 1,
2010 – Postpone to March 1, 2010, 7-0 (Commissioners Randall and Zapanta,
absent).
3. The property is located in the Heritage Crossing Overlay District. The applicant is
seeking approval to rezone the southern 2/3 of the property for townhouse uses,
and the northern 1/3 of the property for neighborhood commercial uses. The
applicant proposes 50 townhouse units on individually platted lots.
4. At the January 18, 2010 Planning and Zoning Commission meeting, numerous
issues were raised regarding site layout, landscaping, building design and other
issues. The applicant agreed to postponement of the case until March 1, 2010 to
allow time for the applicant to hold a meeting with area residents and to refine the
site plan based in part on that meeting.
5. Due to the postponement of this case by the Planning and Zoning Commission to
March 1, 2010, this case must be postponed for further City Council action.

Recommendation
Postpone to April 1, 2010.

City Council Agenda 02/18/2010 10

18 Ordinance -- Zoning Case ZC09-0076 - Granting S-P-1 (Detailed Site Plan)
for Monument Sign - Approximately 18 Square Feet Located at 401 West
Sixth Street (Northwest Corner of Sixth Street and O’Connor Boulevard) -
Sunny Food Mart #3, Owner/Applicant
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation:
February 1, 2010 – Favorable, 7-0 (Commissioners Randall and Zapanta, absent)
3. The applicant is requesting rezoning to allow a monument sign in the Heritage
Crossing Redevelopment District.
4. The Comprehensive Plan’s Future Land Use Map recommends Mixed Uses for this
property. This request is in conformance with the Comprehensive Plan.
5. This lot is developed with a gas station and convenience store. A new owner has
acquired a new certificate of occupancy and must replace pole signs with a
monument sign. The sign will advertise gasoline prices. Since this property is in the
Heritage Crossing Redevelopment District, the applicant must apply for a site plan
zoning to allow the sign.
6. The monument sign is proposed to be in the same position as a previous pole sign,
18 feet from O’Connor and 8 feet from Sixth Street. It will not pose a sight visibility
problem.
7. The monument sign will be 7-ft. tall and 8-ft. long. The sign will be constructed with
stone and have a place for changeable gas prices. This will not be a digital sign.
Staff has asked the applicant to provide a distinct stone base and stone cap to the
sign to improve the appearance. The applicant has agreed, and is providing
landscaping around the base.
8. With the enhanced design the sign will be similar to other recently approved
monument signs.
9. Public notices were sent to eighteen (18) property owners, with no letters in support
or opposition received.

Recommendation
The ordinance be adopted.

City Council Agenda 02/18/2010 11

 APPOINTMENTS AND REPORTS
19 Resolution -- Confirming the Appointment by the City Manager of a
Commissioner to Serve on the Fire Fighters’ and Police Officers’ Civil
Service Commission to a Term Expiring November 2012
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: This Commission’s decisions are final, on cases dealing with Fire and
Police personnel and continuity of service on this board is an asset to the process.
3. City Manager Tommy Gonzalez appoints and recommends confirmation of the
members on the Civil Service Board. This is a three-member board.
Recommendation
The resolution be approved.

20 Mayor’s Report

21 Adjournment

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

City Council Agenda 02/18/2010 12