IrvingCC Agenda 2011-01-13

AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, JANUARY 13, 2011
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, JANUARY 12, 2011 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
6:15 P.M. ------------------------------------------------------------------ Pre-Council Briefing (If Necessary) 1st Floor

City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
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 ON

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS 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 or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
City Council Agenda 01/13/2011 1

CITY COUNCIL AGENDA
1 City Operations Update
CONSENT AGENDA
2. Approving work session minutes for Wednesday, December 08, 2010
3. Approving regular meeting minutes for Thursday, December 09, 2010
4 Resolution -- Approving a Records Control Schedule for Fleet Documents

Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Creation of a Fleet control schedule, to be approved by the Council,
identifies the retention and disposition of records created and received by the Fleet
Department.
3. This schedule follows the Texas State Library and Archives Commission
requirements for retention with some exceptions where information is maintained
longer than required by law.
Recommendation
The resolution be approved.
5 Resolution -- Designation of an Interim City Secretary

2. Impact: This action enables the City to continue to provide vital city secretary
functions in the absence of the Acting City Secretary.
Recommendation

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

City of Irving Tax Increment Reinvestment Zone Number One, City of
Irving, and the Dallas County Utility Reclamation District Concerning
Desiltation of District Waterways
2. Impact: The amended interlocal agreement between the TIF and DCURD will
provide funding for essential flood control and safety measures within the urban
district.
3. The Council previously approved an interlocal agreement between the TIF and
DCURD on May 13, 2010 to fund waterway dredging, urban center levee risk
analysis, 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 $387,000.00
to fund waterway dredging within TIF boundaries, urban center levee risk analysis,
Modification of the Lake Carolyn gravity outlet gate, APT study, and the South lake
Carolyn Storm Water Pump Station.
5. The TIF Board unanimously approved the amended agreement at the December
14, 2010 Board Meeting
6. Funding in the amount of $387,000.00 is available in the TIF Fund.
Recommendation

8 Resolution -- Approving an Amended Economic Incentive Agreement
Between 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 be
signed to June 30, 2011. Due to delays in the lease process, Michaels will not be
able to meet the original lease date of December 31, 2010. The Michael’s retail
store 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 estimated
to generate $3.2 million in annual taxable sales which will result in estimated City
sales tax of $32,000.
4. The incentive requires Michaels Stores, Inc., to sign at least a 5-year lease by June
30, 2011, occupy at least 24,000 square feet, and generate at least $2 million in
annual 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%) and
year 5 (30%). The estimated net benefit to Michael’s 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 Grant
payment for year 5 is made.
Recommendation

9 Resolution -- Approving a Settlement of Claim Between the City of Irving
and Clyde and Barbara Dumas
2. Impact: The City will receive payment of the full paving assessment balance due in
the amount of $4,696.00.
3. Paving Assessment Ordinance No. 5308 adopted on April 24, 1987 for
improvement to Belt Line Road, included the parcel located at 580 Belt Line Road.
4. Owners made timely payments until Texas Department of Transportation purchased
a portion of the property in the 1990’s. The property owners have stated that they
attempted to pay the balanced at that time, but were informed that there was no
record of the lien balance. Because any records or conversations would have
occurred nearly 20 years ago, we are unable to verify the owner’s statement.
5. Owners recently learned of the lien and approached the City with an offer to settle
this 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 a
new 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 program
by providing focus on training aligned with the organization’s philosophy and
culture. Class topics were identified by the city’s internal training committee.
3. Approximately 1,500 participants will receive classroom training and additional
employees will benefit from online training and curriculum developed through this
contract. Over the past two years, the city has developed a high quality training
program that is strategically aligned and targets training needs. Through this
process, 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, to
September 30, 2011, and in an amount not to exceed $30,000 for the period
October 1, 2011, to December 31, 2011, is available in the General Fund subject to
funds being appropriated in Fiscal Year 2011-12.
Recommendation

11 Resolution -- Authorizing the Mayor to Accept the Texas State Library and
Archives Loan Star Libraries Grant
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: This grant supplements the materials budget, library programs, and
purchase of equipment that was not funded.
3. The Loan Star Libraries Grant from the Texas State Library and Archives
Commission is a direct state aid program for Texas public libraries. This is the tenth
year 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 Furtherance

of Settlement of a Lawsuit with Shin Ho “Sam” Kim D/B/A Texas Lunch
Box and Purchase of Property Located at 1923 Senter Road
1. This item supports Strategic Goals No. 2: Vibrant Neighborhoods and No. 8: Sound
Governance.
2. Impact: The additional environmental study would further the resolution of the
lawsuit and facilitate the City’s purchase of the property located at 1923 Senter
Road.
3. In response to citizen complaints, the Code Enforcement Department began
focusing on the building located at 1923 Senter Road in early 2007.
4. In September 2007, the Building and Standards Commission ordered the demolition
of the building, and the owner appealed the order to district court and included the
City 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, and
May 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 the
current owner for the property located at 1923 Senter Road, and if the
environmental assessment is satisfactory and all of the requirements of the
purchase and sale agreement are met, the purchase the property. The City Council
also authorized the expenditure of costs for an environmental study not to exceed
$8,000.00 in addition to the closing costs and settlement costs.

7. The Phase I environmental study of the property located at 1923 Senter Road has
necessitated the need for a Phase II environmental study.
8. In furtherance of the settlement, funding in the amount of $32,000.00 is available in
the Non Bond CIP Fund.
Recommendation
13 Resolution -- Amending Resolution No. 9-22-83-573 Relating to the Length

of Terms of Board Members of the Administrative Board of the City of
Irving Supplemental Benefit Plan and the Removal of Term Limits
2. Impact: This amendment will allow Administrative Board members who have
become 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 of
whom are elected by participants in the Supplemental Benefit Plan. The current
term of office for elected members is two years.
4. The proposed plan amendment would increase terms to three years and remove
the 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 and
recommended these changes in the Plan Document.
Recommendation

14 Resolution -- Approving a Discretionary Service Agreement Between the
City of Irving and Verizon, for the Relocation of Aerial Telephone Facilities
and the Placing of Utility Poles on Northgate Drive Between Carl Road and
Chemsearch 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 on
Northgate Drive between Carl Road and Chemsearch Boulevard to construct the
roadway pavement project.
3. Funding in the amount of $208,950.99 is available in the Street Improvement Bond
Fund.
Recommendation

City of Irving and Oncor Electric Delivery Company, LLC, for the
Relocation of Electric Facilities on Northgate Drive
2. Impact: It is necessary to relocate the electric facilities on Northgate Drive from
Tom Braniff Drive to Carl Road to construct the roadway pavement project.
Fund.
Recommendation

16 Resolution -- Awarding a Contract to Mario Sinacola & Sons Excavating,
Inc., for the Northgate Drive Paving Improvements Project from Tom
Braniff Drive to Carl Road
2. Impact: This project will replace the concrete driving surface from Tom Braniff Drive
to Carl Road. It will be a four-lane divided road with bicycle lane which will improve
access to the University of Dallas, NCH Corporation and other businesses along the
road. City of Irving water mains and wastewater mains along this area of roadway
will be replaced to improve the city’s 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 to
the amount of days bid by the contractor for bid evaluation. The contract award is
based on the Base Bid (A) and the contractor will be required to complete the
contract in the number of days bid. Incentive pay for early completion or liquidated
damages 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 for
potential incentive pay, bringing the total cost of the project to $4,950,000.00. This
is $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 Improvement
Bond Fund and the Street Improvement Bond Fund.
Recommendation

City of Irving and Verizon, for the Undergrounding of Aerial Telephone
Facilities on O’Connor Road from SH 183 to Metker Street
2. Impact: As part of the first phase, utility poles will be relocated to the west side of
O’Connor Road from SH 183 to Metker Street. This will put utility crossings
underground in accordance with our ongoing utility undergrounding efforts.
3. Temporary aerial crossings will be installed as part of this phase. Conduit crossings
will be placed underground as part of the city’s paving project. The telephone
company will string wire and splice at that time.
Fund.
Recommendation

18 Resolution -- Approving Addendum No. 1 to the Engineering Design
Services Agreement Between the City of Irving and Birkhoff, Hendricks
and Conway, LLP, Now Known as Birkhoff, Hendricks & Carter, LLP, for
the Design of the Nursery/Railroad Basin Sanitary Sewer Main
Inflow/Infiltration Improvements Project
2. Impact: Currently the consulting engineer is under contract to design the
replacement of sewer mains at 12 locations. Staff has recently identified the need
to also replace the water mains at seven of those locations. The most efficient use
of time and funds is to have the same engineer design the water main replacements
where they have already surveyed and designed the sewer main replacements.
3. Staff has also determined the replacement of the sewer and water mains on Ouida
Road and Geneva Road will damage most of these asphalt roads and should be
totally 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 a
permanent fix for this main that was washed out earlier this year.
5. Replacing both water and sewer on streets and upgrading substandard streets
when 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 to
Ouida Road and Geneva Road, are available in the current fiscal year.
7. The portion of the project that includes the total reconstruction and upgrade of
Ouida Road and Geneva Road will not be bid for construction until neighborhood
street 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 Bond
Fund.
Recommendation

19 Resolution -- Approving a Discretionary Services Agreement Between the
City of Irving and Oncor Electric Delivery Company, LLC, for the Removal
of Street Lighting Facilities on Irving Boulevard from Hwy 183 to Loop 12
as 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 lighting
facilities on Irving Boulevard from S.H. 183 to Loop 12, including Second Street, as
part of the city’s solar powered street lighting project. An additional 49 city owned
lights will be removed for a total of 266 lights.
3. Installation of 170 off-the-grid solar lights was completed in December through the
use of U.S. Department of Energy grant funding. Department of Energy grant funds
cannot be utilized to fund the removal portion of the project.
4. Removal of the grid-connected street lights saves approximately $124,000.00
annually 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 RJN

Group, 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 testing
and analysis of sanitary sewers to develop a prioritized list of rehabilitation, repair
and 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 not
have 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 that
will result in verification of pipe size, material, location and condition information.
This will be input into the City’s 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 and
reviewed by staff. The response returned by RJN Group, Inc. best met the criteria
in the RFQ and they have a great deal of experience executing projects similar to
this one, including previous projects here in Irving.
6. Funding in the amount of $349,591.00 is available in the Water and Sewer System
Fund.
Recommendation

21 Resolution -- Approving Payment of Operating Funds to SMG (Convention
Center 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 Irving
residents positively by generating incremental hotel occupancy, sales and use
taxes.
3. The City of Irving has a contract for management and operations of the convention
center with SMG, acting as the City’s agent. The contract and its associated
purchase orders address the management and consulting fees, and the
performance incentives.
4. Although the Bureau’s operating budget for 2010-11, as authorized by the City
Council, includes the convention center’s operating budget and an annual operating
subsidy for the convention center, there is a need in this first year of operations to
establish a specific mechanism to authorize the transfer of those operating subsidy
funds to SMG as outlined in the contract, as well as transfer other funds within the
approved budget to SMG to cover direct costs for any services provided on the
Bureau’s behalf, i.e., industry opening events, client familiarization events, specific
event subsidies for bidding requirements, etc.
5. Funding in the amount of $1,293,370.00 (amount budgeted for subsidy) is available
in the Bureau’s General Fund; funding up to $385,000.00 for the other direct costs
is available in the Convention Center Fund.
Recommendation
22 Resolution -- Approving the La Buena Vida Foundation Application for

Community Development Block Grant Funds for Construction of a
Residential 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 Grant
funding 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 specialized
segment of the city’s 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 is
requesting this site for the development of the facility.

5. Based upon guidance from the U. S. Department of Housing and Urban
Development (HUD) the City would build and maintain ownership of the facility until
conclusion of the City’s agreement with LBVF. If the recommendation is approved,
staff will proceed to put the construction of the house out to bid. Upon receipt of
bids, the award of the construction contract and the final agreement with LBVF will
be submitted to Council, Those items will include the final plans and specifications
for the construction project.
6. Additional guidance from HUD also stipulates that the program would be operated
through a “lease agreement” with the LBVF. LBVF would be responsible for
following the requirements of the City of Irving and HUD which include limiting the
use of Federal funds to assist the homeless. Transfer of ownership of the facility to
LBVF would be consummated at the culmination of the lease term as long as
performance standards and compliance with federal regulations are met.
7. The Community Services Committee was briefed on this proposed project at its
November 10, 2010, meeting.
8. The Housing and Human Services Board approved the recommendation to utilize
Federal 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 Development
Block Grant Fund.
Recommendation
Bids & Purchasing Items

Items 23 - 26
23 Resolution -- Approving a Mutual Cooperative Purchasing Agreement

Between 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 both
governmental entities to utilize each other’s contracts for fuel for anticipated savings
to each entity.
Recommendation

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 Program
Department.
3. Impact: The generator replacement will enhance the emergency back-up power
system of the ICJC. It provides the entire building with emergency power capability
to ensure the continuity of mission critical operations in the event of a power
outage. 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 the
civil, mechanical, electrical, and plumbing trades for the installation of a new 600
KW generator. The generator was purchased November 2009 as part of a
Homeland Security grant, but the installation falls under this contract. The existing
360 KW generator will be salvaged and utilized in conjunction with the new
generator.
5. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on this
award is 17%.
6. Funding in the net amount of $479,682.75 is available in the City Building
Improvement Bond Fund and $136,000.00 is available in the Emergency
Management Grant Fund.
FY2010-11
Exp.
Vendor (Current FY) Total
Dal-Ec Construction Ltd $615,682.75 $615,682.75

(One time only)
Recommendation

25 Resolution -- Approving and Accepting the Bid of Library Interiors of
Texas, LLC, for the Construct and Install Three Service Desks for West
Irving Library
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. This item has been recommended by the Capital Improvements Program
Department.
3. Impact: This award provides for construction and installation of the circulation,
information and service desks for reservation stations and printers for the new
25,000 square foot West Irving Library.
4. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on this
award is 100%.
5. Funding in the net amount of $72,711.13 is available in the Library Bond Fund.
FY2010-11
Vendor Total Exp.
Library Interiors of Texas, LLC (Current FY)
One time only
Total Amount $72,711.13
Recommendation

26 Resolution -- Approving the Lease with Xerox for a Color Copier Utilizing
the State of Texas Cooperative Purchasing Program or The Cooperative
Purchasing 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 copier
utilizes 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 (FIERY
SERV) resulting in the digital color copier that best meets the needs of print
services.
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.
FY2010-11 FY2011-12 FY2012-13 FY2013-14 FY2014-15 FY2015-16 Five-Year
Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp. Est. Exp.
Vendor (Jan.-Sept.) (Oct.-Dec.)
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, General
Interest and Sinking Fund.
Recommendation
The ordinance be adopted.

28 Ordinance -- Amending Section 35 - Subdivisions of Part IV City Of Irving
Land Development Code to Require Utilities to be Installed Underground
with 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 the
platting process, all new utilities serving a new development to be installed
underground.
5. This ordinance memorializes the existing practice of requiring underground utilities
as part of site plan zoning cases and other development plans. Underground
utilities are already required for new development in the Heritage Crossing area as
well as deed restricted areas of the city.
6. In the fall of 2009, the City adopted an amendment to the Electrical Code requiring
all new electrical service drops to be installed underground. This ordinance would
require other utility services such as telephone and cable to also be installed
underground.
7. This ordinance acknowledges the current regulatory scheme and case law in Texas
in that the obligation to pay for the undergrounding rests with the developer, not
with the utility company.
8. This item was reviewed by the Planning and Development Committee on
September 23, 2010.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

29 Ordinance -- First Reading – Renewal of a Non-Exclusive License to Sprint
Communications Company L.P., for a Fiber Optic Transmission System in
the City of Irving
2. Impact: This agreement allows Sprint to use city rights-of way for the continuation
of service via their fiber optic transmission system and for the city to receive
compensation for this usage of rights-of-way.
3. The agreement renews a previous 10-year agreement with Sprint for access to city
rights-of-way.
4. Sprint has approximately 2000 feet of line in Irving.
5. The fiber optic network supports Sprint’s wireless network and future technology
initiatives.
6. The City has enhanced the agreement to account and protect against changes in
law 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 the
Northwest Corner of Spur 348 and Las Colinas Boulevard - Glenn
Engineering, 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: December
20, 2010 – Favorable 9-0 with the stipulation that the “flag plaza” be enhanced with
either some type of art work, a fountain, other water feature or other improvement
to create a more distinctive entry.
3. The applicant is requesting a zoning change to Transit Oriented Development
District to develop the property with multifamily uses at 32 units per acre in Phase 1
and 40 units per acre in Phase 2, and approval of a detailed site plan for 256 units
in Phase 1.
4. The Comprehensive Plan’s Future Land Use Map recommends High Density
Residential uses for this property. This request is in conformance with the
Comprehensive Plan.

5. The applicant is proposing a TOD general plan in two phases for 256 units on the
northern 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. The
zoning will allow the applicant to develop 32 units per acre on Tract 1 and 40 units
per acre on Tract 3. Tract 2 is for the levee. Tract 3 may also be developed with
retail or mixed uses.
6. The applicant is also submitting a TOD detail plan for Tract 1. A 256-unit
multifamily project is proposed, with an average unit size of 925 sq. ft. Five
multifamily buildings are located around the perimeter of the property adjacent to
the levee and Las Colinas Blvd. Additional multifamily units are in the center of the
development 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 development
standards. An entry feature of a flag plaza is provided on Las Colinas Blvd. that
provides an enhanced visual into Tract 1 as well as a connection for future phase 2
development. Landscaping will meet the TOD requirements. The levee area will be
used for the required open space as well as an interior courtyard and gathering
space. 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 and
the 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 in
favor and two (2) returned in opposition. The opposition represents 1.18% of the
property within 200 feet.
Recommendation
Commission.
31 Ordinance -- Zoning Case #ZC10-0043 - Granting S-P-2 (Generalized Site

Plan) for R-6 (Single Family) Uses - Approximately 0.32 Acres Located at
1613 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 all
required building permits and inspections from the City within seven days of
approval of this zoning change by the City Council, and (2) payment of all
applicable 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 garage
six feet from the side and rear property line and 17 feet tall, and a second garage
structure no more than 460 square feet in size.

4. The Comprehensive Plan recommends Low Density Residential uses for this
property. This request is in conformance with the Comprehensive Plan.
5. Section 52-40 of the zoning ordinance restricts the total combined size of detached
garages 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 a
detached garage. Both permits were cancelled at the owner’s 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 the
cancelled permits.
7. At some point after the permits were cancelled and the fees refunded, the applicant
began construction of the garage(s) without the required permits. Staff has no
records of any active permits for either detached garage.
8. After construction of the larger of the two detached garages commenced, staff was
made 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 accessory
building. The owner filed an application with the City, and continued construction to
“waterproof” 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 nearest
house on W. Vilbig Street, and approximately 130 feet from the nearest house on
Franklin Street. The smaller detached garage is approximately 70 feet from the
nearest house on Franklin Street.
11. An existing metal patio cover also exists on the property. This cover could remain
as a nonconforming use; however the patio cover could not be replaced if destroyed
or damaged more than 50 percent. If the zoning change is approved, no new
accessory 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 neighborhood
are relatively large lots – approximately 1/3 of an acre; (2) the larger building is at
least 130 feet away from the house on the property abutting the rear; (3) the
structures are at least 70 feet from the house on the property to the south; (4) the
structures 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 for
commercial purposes, living quarters, or to be leased separate from the main
house; and (6) the apparent quality of the exterior materials and overall
construction.
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 property
within 200 feet.
Recommendation
Commission.

32 Ordinance -- Zoning Case #ZC10-0048 - Granting S-P-1 (Detailed Site Plan)
for C-N (Neighborhood Commercial) Uses - Approximately 0.67 Acres
Located at 100 West Airport Freeway - Allen and Ridinger Consulting,
Applicant - First Security Bank NA, Owner
20, 2010 - Favorable 9-0.
3. The applicant is requesting a zoning change to allow office and retail uses.
4. The Comprehensive Plan’s Future Land Use Map recommends State Highway 183
Redevelopment Corridor uses for this property. This request is in conformance with
the Comprehensive Plan.
5. The property is developed with a 5,268 square foot building that is currently
unoccupied. The property was used by the previous owner for car sales allowed
under the C-OU-2 Commercial Outdoor district.
6. The current owner proposes to rezone the property for C-N (Neighborhood
Commercial) district uses. The building’s façade would be updated with a stone
wainscot and new paint, while the site would be modified to provide a 15’ landscape
buffer along SH 183 and providing access to a south parking lot exclusively from
Britain Road. The 27 parking spaces shown on the plan are sufficient for office and
retail uses.
7. The proposed site plan meets all TxDOT requirements, and meets the intent and
spirit of the proposed SH 183 Overlay District.
8. Public notices were sent to 10 property owners, with none received in favor or
opposition.
Recommendation
Commission.

33 Ordinance -- Zoning Case #ZC10-0052 - Granting S-P-2 (Generalized Site
Plan) for C-N (Neighborhood Commercial) Uses - Approximately 3.2 Acres
Located at 515 South MacArthur Boulevard - Kroger Texas, LP,
Applicant/Owner
20, 2010 – Favorable, 6-3 subject to the landscaping and building façade
improvements being completed no later than 180 days after the issuance of the
beer 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 separation
requirements from the property line of a school for the sale of alcoholic beverages
for off-premise consumption.
4. The Comprehensive Plan recommends Neighborhood Enhancement Zone for this
property. Areas within Neighborhood Enhancement Zones are envisioned to be
redeveloped with “quality retail and mixed use development, where appropriate.”
Grocery stores are considered to be critical components to sustainable residential
neighborhoods. The continued use of the site as a grocery store, along with the
modification of the site proposed by the applicant, are in conformance with the
Comprehensive Plan.
5. On October 16, 2008, the City Council amended Section 52-49(a)(10) of the zoning
ordinance by prohibiting the sale of alcoholic beverages within 300 feet of a public
or private school, as measured “in a direct line from the property line of the public or
private school to the property line of the place of business, and in a direct line
across 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 above
regulations if the property is within the area now known as the Heritage Crossing
Redevelopment 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 Retailer’s Off-Premise Permit Application Certification (hereafter referred to as
the “Application for Certification”). The Application for Certification is the method by
which the city determines whether the City Secretary may sign or approve a TABC
application for the sale of beer or wine for off-premise consumption. As part of the
review of these applications, staff determines whether the applicant’s property has
the proper zoning, and whether the property meets all the separation distance
requirements.

7. On November 26, 2008, staff denied the application on the grounds that the subject
property was only 240 feet from the property line of a school. The applicant is
seeking a variance to the required 300-ft separation between the subject property
and the school property.
8. The applicant submitted a previous request in the fall of 2009, but subsequently
withdrew 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 to
provide a “quality retail” development in conformance with the Neighborhood
Empowerment Zone designation in the Comprehensive Plan, the applicant is
proposing the following enhancements to the site:
• New landscaping along MacArthur Boulevard and Sixth Street, to include 13
total trees and a combination of flowers and ornamental grasses, in general
conformance to the landscape plan and with staff approval of the final landscape
plan. Although it is not shown on the plan, the applicant has also proposed new
planters at the front of the building. The landscaping will both beautify the
property and provide a strong vegetative border between the sidewalk and the
store property;
• Additional landscaping and intersection enhancements at the corner of
MacArthur Boulevard and West Sixth Street, including brick pavers at entry
points;
• Provide upgraded building façade treatments, as shown on the site plan, and
• Paint the existing monument sign and the concrete screening wall along the
north property line to match the color of the façade enhancement.
• Remove the gasoline-prices pole sign, to be replaced by digital signs on the
canopy in compliance with the new sign ordinance provisions.
10. The proposed variance to the distance requirements only applies to the grocery
store. It does not apply to accessory retail locations on the subject property, such as
the gasoline service kiosk.
11. While the two closest points between the property lines of the school and the
subject property are approximately 240 feet apart, the store building is
approximately 700 feet from the nearest school building.
12. It is the City’s goal to help establish and maintain viable retail grocery shopping
options for both current and future residents of the Heritage Crossing neighborhood.
For this reason, the variance provision was added to the alcoholic beverage
ordinance in 2008, and specifically limited to the Heritage Crossing area. The
applicant has indicated that the inability to sell alcoholic beverages puts this store at
a competitive disadvantage relative to stores outside of Heritage Crossing. Staff
believes that approval of the variance would help provide an equitable solution.
13. Staff also believes the proposed property enhancements will provide a significant
aesthetic benefit to the community. Additionally, the proposed improvements will
help clearly delineate the separation between public and private space, and
discourage “cut-through” pedestrian traffic to and from the school. These
improvements, along with the separation distance between the actual store and the
school buildings, allow staff to support the applicant’s request.

14. The applicant has agreed to comply with the stipulations of the Planning and Zoning
Commission.
15. Public notices were mailed to 79 property owners. Staff has received 15 comment
forms and 58 letters in support, and 2 comment forms, 6 emails, and a petition with
284 signatures in opposition. The opposition represents 0% of the land within 200
feet of the subject property; therefore, a ¾ vote is not required to approve this
request.
Recommendation
Commission.
APPOINTMENTS AND REPORTS

34 Resolution -- Appointments to the Irving Flood Control District Section I to
Fill Two-Year Terms Expiring January 2013
2. Impact: This board is responsible for maintaining and improving the flood control
program for Section I.
3. The board members must own taxable land within the district.
Recommendation
35 Resolution -- Appointing Board Members to the Tax Increment

Reinvestment Zone No. 1 Board to Fill Two-Year Terms Expiring January
2013
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

36 Resolution -- Appointing a Board Chair to the Tax Increment Reinvestment
Zone No. 1 Board with a Term Expiring January 2012
2. Impact: In accordance with the city ordinance, the Council must appoint the Chair
of this board yearly.
Recommendation
37 Resolution -- Appointments to the Metropolitan Higher Education Authority

to 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 is
working with the University of Dallas on capital improvements for its Irving campus.
3. This resolution reappoints the current board members pursuant to the board’s bylaw
requirements.
Recommendation
38 Mayor’s Report
39 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.

IrvingCC Agenda 2011-01-13

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

IrvingCC Agenda 2011-01-13

Uploaded by

Copyright:

Available Formats

AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JANUARY 13, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

6:15 P.M. ------------------------------------------------------------------ Pre-Council Briefing (If Necessary) 1st Floor

Pastor Chris Davis, King's Chapel

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 39

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

City Council Agenda 01/13/2011 1

3. Approving regular meeting minutes for Thursday, December 09, 2010

4 Resolution -- Approving a Records Control Schedule for Fleet Documents

5 Resolution -- Designation of an Interim City Secretary

City Council Agenda 01/13/2011 2

7 Resolution -- Approving an Amended Interlocal Agreement Between the

City Council Agenda 01/13/2011 3

City Council Agenda 01/13/2011 4

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

City Council Agenda 01/13/2011 5

12 Resolution -- Authorizing Additional Environmental Study in Furtherance

City Council Agenda 01/13/2011 6

13 Resolution -- Amending Resolution No. 9-22-83-573 Relating to the Length

City Council Agenda 01/13/2011 7

15 Resolution -- Approving a Discretionary Service Agreement Between the

City Council Agenda 01/13/2011 8

17 Resolution -- Approving a Discretionary Service Agreement Between the

City Council Agenda 01/13/2011 9

City Council Agenda 01/13/2011 10

20 Resolution -- Awarding an Engineering Services Agreement with RJN

City Council Agenda 01/13/2011 11

22 Resolution -- Approving the La Buena Vida Foundation Application for

City Council Agenda 01/13/2011 12

Bids & Purchasing Items

23 Resolution -- Approving a Mutual Cooperative Purchasing Agreement

City Council Agenda 01/13/2011 13

Dal-Ec Construction Ltd $615,682.75 $615,682.75

City Council Agenda 01/13/2011 14

City Council Agenda 01/13/2011 15

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

City Council Agenda 01/13/2011 16

City Council Agenda 01/13/2011 17

ZONING CASES AND COMPANION ITEMS

City Council Agenda 01/13/2011 18

31 Ordinance -- Zoning Case #ZC10-0043 - Granting S-P-2 (Generalized Site

City Council Agenda 01/13/2011 19

City Council Agenda 01/13/2011 20

City Council Agenda 01/13/2011 21

City Council Agenda 01/13/2011 22

City Council Agenda 01/13/2011 23

APPOINTMENTS AND REPORTS

35 Resolution -- Appointing Board Members to the Tax Increment

City Council Agenda 01/13/2011 24

37 Resolution -- Appointments to the Metropolitan Higher Education Authority

City Council Agenda 01/13/2011 25

You might also like