irvingcc packet 2010-06-10

8/9/2019 IrvingCC Packet 2010-06-10

1/349

FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JUNE 10, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 06/10/2010 1

~

10:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, JUNE 9, 2010 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M.------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st FloorCity Council Conference Room Or City CouncilChamber Conference Room, Civic CenterComplex

7:00 P.M.------------------------------------------------------------- Organizational Service Announcements

Invocation

Reverend Lari Goold, Celebration of Life Church

Pledge Of Allegiance

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 32

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ONTHE FOLLOWING DAY IN THE COUNCIL CHAMBER.

ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONGAS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 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.


2/349


3/349


6 Resolution -- Approving a Funds Sharing and Fiscal Agency AgreementBetween the County of Dallas, and the Cities of Dallas, Addison, BalchSprings, Carrollton, Cedar Hill, DeSoto, Duncanville, Garland, GrandPrairie, Irving, Lancaster, Mesquite, and Richardson Authorizing the Cityof Dallas to Serve as the Fiscal Agent to Administer and Distribute FY2010Justice Assistance Grant (JAG) Funds Through the Edward ByrneMemorial Justice Assistance Grant Program

Administrative Comments

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

2. Impact: The JAG program allows local governments to support a broad range ofactivities to prevent and control crime based on their own local needs andconditions.

3. The FY2010 JAG award to the City is $85,539.00, less the 30% disparity settlementto Dallas County of $25,661.70, and a 7% administrative fee of $4,191.41, bringingthe total grant award to the City at $55,685.89, with no matching funds required.

Recommendation

The resolution be approved.

7 Resolution -- Approving a Discretionary Service Agreement Between theCity of Irving and Oncor Electric Delivery Company, LLC, for theUndergrounding of Overhead Electric Facilities on Irving Boulevard atOhio Street


1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,No. 3: Economic Development, and No. 9: Infrastructure.

2. Impact: The undergrounding of electric facilities on Irving Boulevard at Ohio Streetwill provide for a more reliable power source in inclement weather, and will enhancevisual appearance by eliminating pole clutter and the need for future tree trimming.The redevelopment of this site will initiate aesthetic enhancements within theHeritage Crossing District.

3. Funding in the amount of $135,660.95 is available in the Economic DevelopmentFund.

Recommendation



4/349


8 Resolution -- Approving Contours Community Development CorporationContract Extension


1. This item supports Strategic Goal No. 2: Nurture and Promote Vital, VibrantNeighborhoods.

2. Impact: This project will support neighborhood redevelopment and revitalization as

well as increase the number of housing options in the community for low andmoderate income residents.

3. This contract amendment provides the opportunity for the Contours CommunityDevelopment Corporation to complete the construction of four homes at 1252 1264 Oakdale Road in Council District 4.

4. The homes will be single family, one story homes, constructed with the use of greenbuilding techniques for energy efficiency.

5. This contract is part of an eight lot development to be completed at the cornerintersection of Balleywood Road and Oakdale Road. Additionally, the project waspreviously presented and endorsed by the Irving Housing Finance Corporation

Board of Directors. To date, the site development of the property has beencompleted.

6. This amendment will allow for a 180 day extension. Project delays for theconstruction of these homes are the result of inclement weather, utility relocationsand additional financing requirements for the real estate industry based on currentfinancial market conditions. The project is anticipated to be completed by October31, 2010, however, time has been allowed for unforeseen delays that may occur.

7. The Housing and Human Services Board endorsed this amendment at its May 19,2010 Board meeting.

Recommendation



5/349


9 Resolution -- Approving Amendment to Irving Community DevelopmentCorporation Contract for Fund Allowance and Extension of Term



2. Impact: This project will support neighborhood redevelopment and revitalization aswell as increase the number of housing options in the community for low tomoderate income residents.

3. The amendment is necessary based on project delays associated with inclementweather, utility relocations and the additional financing requirements for the realestate industry based on current financial market conditions.

4. The initial contract of $57,000 provided for developer fees and a nominal amount offunding for construction.

5. The soft cost allowance will assist Irving Community Development Corporation with

the leveraging of their funds in order to secure the necessary construction financingfor this project.

6. Construction related soft costs which include closing costs of land, construction loanfinancing costs, utilities during construction, inspections, etc. will be eligible forreimbursement up to $55,000, bringing the total grant funding up to $112,000.

7. Construction is estimated to be completed prior to December 31, 2010. Theextension provides an allowance for any unforeseen project delays.

8. The Housing and Human Services Board endorsed this extension at its May 19,2010 Board meeting. Additionally, the project was previously presented andendorsed by the Irving Housing Finance Corporation Board of Directors.

9. Funding in the amount of $55,000.00 is available in the HOME InvestmentPartnerships Grant Program Fund.

Recommendation



6/349


10 Resolution -- Approving Irving Community Development CorporationCHDO Operating Agreement



2. Impact: This operating assistance funding will assist ICDC with their organizationsproduction of housing options for low to moderate income individuals.

3. The city partners with community housing development organizations as part of its

participation in the HOME Investment Partnerships Grants program funded by agrant from the US Department of Housing and Urban Development (HUD).

4. This funding will provide for operating assistance which includes: staff salaries,training, rent and utilities and equipment, materials and supplies required for theprovision of housing options for low to moderate income residents.

5. The award of Operating Assistance for CHDOs is an allowable cost as defined by

the Department of Housing and Urban Development guidelines.

6. The Housing and Human Services Board endorsed the recommendation of thisoperating assistance at its May 19, 2010 Board meeting.

7. Funding in the amount of $26,992 is available in the HOME Investment PartnershipProgram Grant Fund.

Recommendation



7/349


8/349


9/349


15 Ordinance -- Final Reading -- Granting a Franchise to Bluebonnet WasteControl for Solid Waste Collection Services Pursuant to Chapter 33 of theCode of Civil and Criminal Ordinances of the City of Irving, Texas


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

2. Impact: This franchise will authorize Bluebonnet Waste Control to provide waste

hauling services to various businesses throughout the City of Irving.3. Bluebonnet Waste Control has been in the commercial solid waste collection

service for over 22 years. They currently have 4,000 front load containers and1,000 roll-off containers in Irving. The insurance requirements set forth in theordinance have been met.

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

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

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

Recommendation

The ordinance be adopted.

16 Ordinance -- Final Reading -- Granting a Franchise to Champion WasteServices, LLC for Solid Waste Collection Services Pursuant to Chapter 33of the Code of Civil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize Champion Waste Services, LLC to providewaste hauling services to various businesses throughout the City of Irving.

3. Champion Waste Services, LLC has been in the commercial solid waste collectionservice for over 30 years. They currently have 27 front load containers and 18 roll-off containers in Irving. The insurance requirements set forth in the ordinance havebeen met.

4. This franchise agreement establishes operational guidelines for dumpstercleanliness, litter control, limits service times near residential areas, requests

coordination of collection times in school zones and, in general, sets in place somecommon industry practices.

5. The franchise fee to be assessed is 5% of gross revenues for business generatedin servicing dumpsters, roll-off containers, compactor containers, or collecting andhauling in open top trucks on waste collected within the City of Irving.

Recommendation



10/349


17 Ordinance -- Final Reading -- Granting a Franchise to Community WasteDisposal, LP for Solid Waste Collection Services Pursuant to Chapter 33 ofthe Code of Civil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize Community Waste Disposal, LP to provide

waste hauling services to various businesses throughout the City of Irving.3. Community Waste Disposal, LP has been in the commercial solid waste collection

service for over 26 years. They currently have 298 front load containers and 42 roll-off containers in Irving. The insurance requirements set forth in the ordinance havebeen met.




Recommendation


18 Ordinance -- Final Reading -- Granting a Franchise to Empire Disposal,Ltd., for Solid Waste Collection Services Pursuant to Chapter 33 of theCode of Civil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize Empire Disposal, Ltd., to provide wastehauling services to various businesses throughout the City of Irving.

3. Empire Disposal, Ltd., has been in the commercial solid waste collection service forover 6 years. They currently have 7 front load containers and 6 roll-off containers inIrving. The insurance requirements set forth in the ordinance have been met.




Recommendation



11/349


19 Ordinance -- Final Reading -- Granting a Franchise to Hurricane WasteSystems for Solid Waste Collection Services Pursuant to Chapter 33 of theCode of Civil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize Hurricane Waste Systems to provide waste

hauling services to various businesses throughout the City of Irving.3. Hurricane Waste Systems has been in the commercial solid waste collection

service for over 11 years. They currently have 150 front load containers and 5 roll-off containers in Irving. The insurance requirements set forth in the ordinance havebeen met.




Recommendation


20 Ordinance -- Final Reading -- Granting a Franchise to IESI Tx Corporationfor Solid Waste Collection Services Pursuant to Chapter 33 of the Code ofCivil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize IESI Tx Corporation to provide waste haulingservices to various businesses throughout the City of Irving.

3. IESI Tx Corporation has been in the commercial solid waste collection service forover 16 years. They currently have 206 front load containers and 39 roll-offcontainers in Irving. The insurance requirements set forth in the ordinance havebeen met.

4. This franchise agreement establishes operational guidelines for dumpster

cleanliness, litter control, limits service times near residential areas, requestscoordination of collection times in school zones and, in general, sets in place somecommon industry practices.


Recommendation



12/349


21 Ordinance -- Final Reading -- Granting a Franchise to Moore DisposalCorporation for Solid Waste Collection Services Pursuant to Chapter 33 ofthe Code of Civil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize Moore Disposal Corporation to provide waste

hauling services to various businesses throughout the City of Irving.3. Moore Disposal Corporation has been in the commercial solid waste collection

service for over 36 years. They currently have 22 roll-off containers in Irving. Theinsurance requirements set forth in the ordinance have been met.


5. The franchise fee to be assessed is 5% of gross revenues for business generatedin servicing dumpsters, roll-off containers, compactor containers, or collecting and

hauling in open top trucks on waste collected within the City of Irving.Recommendation


22 Ordinance -- Final Reading -- Granting a Franchise to Republic WasteServices of Texas, Ltd., for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City ofIrving, Texas



2. Impact: This franchise will authorize Republic Waste Services of Texas, Ltd., toprovide waste hauling services to various businesses throughout the City of Irving.

3. Republic Waste Services of Texas has been in the commercial solid wastecollection service for over 50 years. They currently have 1,394 front load containersand 195 roll-off containers in Irving. The insurance requirements set forth in theordinance have been met.

4. This franchise agreement establishes operational guidelines for dumpster

cleanliness, litter control, limits service times near residential areas, requestscoordination of collection times in school zones and, in general, sets in place somecommon industry practices.


Recommendation



13/349


23 Ordinance -- Final Reading -- Granting a Franchise to S & H WasteDisposal Service for Solid Waste Collection Services Pursuant to Chapter33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize S & H Waste Disposal Service to provide

waste hauling services to various businesses throughout the City of Irving.3. S & H Waste Disposal Service has been in the commercial solid waste collection

service for over 24 years. They currently have 40 front load containers and 2 roll-offcontainers in Irving. The insurance requirements set forth in the ordinance havebeen met.




Recommendation


24 Ordinance -- Final Reading -- Granting a Franchise to Triplett WasteServices for Solid Waste Collection Services Pursuant to Chapter 33 of theCode of Civil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize Triplett Waste Services to provide wastehauling services to various businesses throughout the City of Irving.

3. Triplett Waste Services has been in the commercial solid waste collection servicefor over 23 years. They currently have 110 roll-off containers in Irving. Theinsurance requirements set forth in the ordinance have been met.




Recommendation



14/349


25 Ordinance -- Final Reading -- Granting a Franchise to Waste Managementfor Solid Waste Collection Services Pursuant to Chapter 33 of the Code ofCivil and Criminal Ordinances of the City of Irving, Texas



2. Impact: This franchise will authorize Waste Management to provide waste hauling

services to various businesses throughout the City of Irving.3. Waste Management has been in the commercial solid waste collection service for

over 11 years. They currently have 2,111 front load containers and 119 roll-offcontainers in Irving. The insurance requirements set forth in the ordinance havebeen met.




Recommendation



15/349


ZONING CASES AND COMPANION ITEMS

26 Resolution -- Temporary Use Permit #G1006-0084 - to Allow a FarmersMarket at Irving Mall - Property Located at 3602 West Airport Freeway -Four Seasons Markets, Applicant - Simon Malls, Owner


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

2. Impact: This farmers market will provide citizens weekly access to local farmersand artisans through the summer and fall while generating more customer traffic tothe Irving Mall site.

3. Simon Property Group and Four Seasons Markets are requesting approval toestablish a weekly farmers market in the parking lot of Irving Mall. The farmersmarket would feature food and produce from local farmers as well as items fromvarious artisans and craftsmen. The market would be open from 9:00 a.m. to3:00 p.m. on Saturdays between July 10 and December 18, 2010.

4. Four Seasons Markets currently operates two similar European-style farmersmarkets in Addison and Garland. Information about Four Seasons Markets, a list oftheir vendors, and photos of their markets can be found on their websitewww.fourseasonsmarkets.com.

5. The market would exclude the sale of second-hand or used merchandise, furniture,appliances, spas, pools, storage buildings, or other similar items. It shall alsoexclude the operation of gaming and other amusements, such as a Midway orother carnival activities not specifically permitted. Tenants in the mall may notparticipate in the farmers market, except for the provision of food or food products.

6. The sale of alcoholic beverages for on-premise consumption shall be prohibited, inaccordance with City of Irving ordinances.

7. The permit would be non-transferable and non-renewable, though the applicantscould apply for a new permit next year.

8. The Technical Review Committee recommends approval.

Recommendation



16/349


27 Resolution -- Approving Special Sign Permit S1001-0038 to Allow the Useof Electronic Signs on Two Proposed Monument Price Signs - Located onthe Northwest Corner of MacArthur Boulevard and Royal Lane - AnitaJames, Applicant - RaceTrac Petroleum, Inc., Owner (Postponed at theMay 27, 2010 City Council Meeting)

Administrative Comments1. This item supports Strategic Goal No. 1: Land Use.

2. Impact: This special sign permit will enhance the signage on MacArthur Boulevardand Royal Lane, and improve the aesthetics of the City of Irving.

3. The applicant is constructing a new convenience store at the northwest corner ofMacArthur Boulevard and Royal Lane, with the main building facing south. Theapplicant seeks approval for two digital monument signs; one facing MacArthurBoulevard, and the other facing Royal Lane. The two signs will each be encased ina decorative stone masonry faade that matches the main building. The signs willinclude a decorative top and landscaping at the base.

4. The digital signage will only be used to show current gasoline prices.

5. The signage closely resembles those previously approved at the RaceTrac locationon North Belt Line Road, south of Interstate Highway 635.

6. Although the applicant originally requested a sign that is 9 feet in height, theapplicant has agreed to lower the height to 7 feet, 10 inches.

7. Section 7-3.1 of the Land Development Code authorizes the City Council to grant aspecial sign permit for digital signs.

Recommendation



17/349


28 Resolution -- Approving Sign Variance Case No. S1004-0019 to Allow aPole Sign to Exceed the Maximum Height - Property Located at 1308 EastAirport Freeway - Grisset Enterprises, LLC, Applicant - Anthony Grissett,Owner


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

2. Impact: This sign variance would enhance the signage on State Highway 183, andwould improve the aesthetics of the City of Irving in the long term.

3. The applicant is seeking approval of a variance to keep an existing 50-foot tall polesign for a maximum of 2 years at the McDonalds Restaurant at 1308 E. AirportFreeway.

4. The existing pole sign is 50 feet tall, exceeding the maximum height of 35 feet by 15feet. The sign is set back approximately 130 feet from the property line along StateHighway 183. When the current owner purchased the property, the need for a newCertificate of Occupancy triggered the ordinance requirements to bring the sign intoconformance with the current sign ordinance.

5. The applicant is concerned that by lowering the sign to a height of 35 feet, the signwill be partially obscured by the existing Texaco sign on the adjacent property to thewest at 1300 E. Airport Freeway.

6. The Texaco gas station and sign will be removed for the State Highway 183expansion project. The owners have received compensation from the TexasDepartment of Transportation (TxDOT) to remove the building and pole sign by May2011.

7. The applicant has agreed to bring the sign into conformance once either (a) the

Texaco site is cleared, or (b) within two years of the passage of this resolution,whichever comes first. Once the site is cleared, the applicant will have 120 days tobring the sign into compliance with the current sign ordinance.

8. Staff believes this solution provides temporary relief while still requiring the sign tobe brought into conformance within a maximum of two years.

Recommendation



18/349

29 Resolution -- Approving Sign Variance Case No. S1003-0059 - to Allow aPole Sign to Exceed the Maximum Height and Area - Property Located at4210 West Airport Freeway - Larry Westrich, Applicant - DSW Inns, LLC,Owner


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

2. Impact: This sign variance would not enhance the signage on State Highway 183,and would not improve the aesthetics of the City of Irving.

3. The applicant is seeking approval of a variance to relocate an existingnonconforming pole sign at the Drury Inn, 4210 W. Airport Freeway.

4. The existing pole sign is required to be moved by the Texas Department ofTransportation (TxDOT) as part of the State Highway 183 widening project. As arequired relocation, the owner will receive compensation from TxDOT to construct aconforming sign. However, the applicant wants to relocate the existing sign, withmodifications to make it a monopole design.

5. The current sign ordinance restricts the maximum height of a pole sign to 35 feet,and a maximum square footage of 150 square feet. The applicant is seekingapproval to move and maintain a 65-ft tall, 364.5 square foot sign. This represents avariance of 30 feet (85% above the maximum) to the height requirement, and avariance of 214.5 square feet (143% above the maximum) to the area requirement.

6. Chapter 7 of the Land Development Code gives the City Council the authority togrant a variance to the sign ordinance, provided that the Council finds that thevariance:

a. Does not violate the intent of Chapter 7

b. Does not adversely affect surrounding properties

c. Does not adversely affect public safety

d. Is necessary due to special conditions unique to this applicant or property.

The ordinance specifically states that a variance shall not be granted to relieve aself-created or personal hardship, nor shall it be based solely on economic gain orloss.

7. The applicant claims that the hardship variance is primarily because of the signssuperior visibility. The applicant has submitted material in which a consultantmakes a professional assessment that bringing the sign into conformance wouldreduce the walk-in traffic (which accounts for 14% of the hotels revenue) by one-

third.

8. Based on the information provided by the applicant, the variance request appears tobe based solely on the perceived economic loss due to having to construct a newsign that is in conformance with the sign ordinance. The hardship is the loss oftheir ability to maintain one of the largest (nonconforming) signs in the area, and theresulting perceived loss of revenue.

9. The applicant has made no offer to request a smaller variance. Staff believes thatthe substantial amount of height and area variances requested violates the intent of



19/349


Chapter 7.

10. Permitting a new sign that is so significantly larger than what other establishmentsare permitted could conceivably have an adverse impact on surrounding properties,since the size of the sign could very well block existing or future conforming signs,thereby leading others to request similar variances to ensure visibility.

11. No special conditions unique to the property warrant such a variance. Based onstaff visits to the area, staff believes that a conforming sign would be similarly

visible as the existing sign at the key exit locations from both directions of StateHighway 183.

Recommendation

The applicants request be denied.


20/349


APPOINTMENTS AND REPORTS

30 Resolution -- Appointment to the Convention Center Community OpeningEvents Task Force


1. This item supports Strategic Goal No. 3: Economic Development and Goal 6:Effective Communication.

2. Impact: This committees work with the ICVB Board of Directors will assurecommunity outreach relative to the opening of the Irving Convention Center byextending the resources of the ICVB Board and staff during this time.

3. On April 1, the City Council appointed seven members to the Task Force which willfocus on the following: Convention Center Community Outreach, Community-Oriented Grand Opening Events and Volunteer Opportunities.

4. This item appoints an additional member to this Task Force.

5. The term of these appointments begin June 1, 2010 and will conclude no later than

March 31, 2011.

Recommendation


31 Mayors Report

32 Adjournment

Citizens Forum

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

CERTIFICATION

I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the Kiosk at the City Hall of the City of Irving, Texas,a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time:Friday, June 4, 2010 at 5:00 p.m., and remained so posted at least 72 hours before said meeting convened.

__________________________________ ___________________________

Shanae Jennings, Acting City Secretary Date Notice Removed


21/349

AGENDA ITEM SUMMARY PUBLIC INPUT HEARING

Meeting: 6/10/2010 DOC ID: 3381Recommending Department: Budget & Compensation

Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal Year

Budget

DISCUSSION:


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

2. In accordance with the Fiscal Year 2010-2011 Budget Calendar, public hearingshave been scheduled for the June 10, 2010 and June 24, 2010 Regular Councilmeetings to receive input. This is the second public hearing notice to be posted.

3. The notice of the hearings has been published in the legal section of the IrvingRambler, and the Corporate Communications Department has released this noticeto the local media.

Recommendation

Input be taken under advisement.

ATTACHMENTS:

REVISION INFORMATION:

Prepared: 6/1/2010 09:46 AM by Shelle WomackLast Updated: 6/1/2010 10:02 AM by Shelle Womack

1

Packet Pg.


22/349

WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

May 26, 2010

The Irving City Council met in work session May 26, 2010. The following members werepresent/absent:

Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentSam Smith Irving City Council Councilman AbsentJoe Philipp Irving City Council Councilman Present

Rose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

Mayor Herbert Gears called the meeting to order at 11:24 a.m.

DISCUSSION TOPIC

1 Introduction of City Council Cycle Participants

Linda Murray, Executive Assistant, introduced the following City Council Cycle participants:

Darius Hill, Planning & Research Manager

Aurora Melendez, Environmental Compliance Specialist

2 Review of Regular Agenda

1 Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal Year Budget

A public hearing will occur tomorrow night at 7:00 p.m. during the regularagenda.

2 City Managers Strategic Plan Update

City Manager Tommy Gonzalez indicated that staff will not be implementing orsuggesting the new recycling and trash initiative program at this time.

The Water Utilities Team presented a Lean Six Sigma presentation about Waterand Wastewater Utility Line Locates.

A video from MSNBC about Irvings small business Blue Ribbon Award Winnerswas shown.

Chris Wallace, Executive Director of the Chamber of Commerce, announcedthat he, many staff members of the City of Irving and Councilman Stopferattended the ICSC conference in Las Vegas this past week and met with severalrepresentatives of groups identified by the Buxton Study as potential retail andbusiness customers for the City of Irving. A comprehensive list of companies

3

Packet Pg.


23/349

City Council Work SessionMay 26, 2010

2

that they met with will be compiled and presented to council.

9 Resolution -- Approving Addendum No. 1 to the Water Purchase and SaleAgreement between the City of Hugo, Oklahoma, the Hugo Municipal Authority,and the City of Irving

Charles Anderson, City Attorney, announced that the addendum of theagreement extends the timeframe of the Citys agreement with the City of Hugo,Oklahoma for our water.

10 Resolution -- Authorizing Staff to Negotiate a Professional Services Contractwith Clough, Harbour & Associates LLP, for the Annual Structural EngineeringContract

Councilman Philipp requested that Councilman Gallaway and CouncilmanSantoscoy be provided the consulting contract analysis that Council went

through in selecting whether or not to do something in-house or whether it ismore cost effective to outsource specialized needs.

26 Resolution -- Approving Special Sign Permit #S1003-0024 to Maintain anExisting Digital Sign with Variances to the Height and Area- Located at 7815Esters Boulevard - Raymond Hill DFW, LLC, Applicant/Owner

Ken Bloom, Chief Planner, presented a sign permit requesting a 40 foot tall,166.65 square foot digital pole sign at the northwest corner of this property. Staffrecommends approval of this sign permit.

Council discussed the need for clear requirements laid out for applicants and theneed to receive citizen input regarding ordinance impacts.

Councilman Santoscoy requested a review of the sign ordinance that effectsmall business.

27 Resolution -- Approving Special Sign Permit S1001-0038 to Allow the Use ofElectronic Signs on Both Proposed Monument Price Signs - Located on theNorthwest Corner of MacArthur Boulevard and Royal Lane - Anita James,Applicant - Race Trac Petroleum, Inc., Owner

Ken Bloom, Chief Planner, noted the applicant has requested postponement tothe June 10, 2010 Council meeting.

28 Ordinance -- Zoning Case #ZC10-0001 - Granting S-P-1 (Detailed Site Plan) forC-C (Community Commercial) Uses and Additional Wall Sign - Approximately0.24 Acres Located at 2585 West Irving Boulevard - CalifCo., Owner/Applicant

Ken Bloom, Chief Planner, presented a request for rezoning for an additionalwall sign on the west faade of the building. Staff recommends approval of thisrequest.

3

Packet Pg.


24/349


3

29 Ordinance -- Zoning Case #ZC10-0010 - Granting PUD (Planned UnitDevelopment) for S-P-1 (Detailed Site Plan) for R-AB (Restaurant with AlcoholicBeverage Sales) Uses - Approximately 2,537 Square Feet Located at 8600North Macarthur Boulevard, Suite 132 - Yummi Sushi, Applicant - MacarthurPlaza, LP, Owner

Ken Bloom, Chief Planner, presented a request for rezoning to allow an existingrestaurant the accessory use of the sale of alcoholic beverages for on-premiseconsumption. The zoning request does not include the patio space; it is for theinterior space only. Staff recommends approval of this request.

30 Ordinance -- Zoning Case #ZC10-0011 - Granting S-P-1 (Detailed Site Plan) forMonument Sign - Approximately 8 Square Feet Located at 601 West ShadyGrove Road (Northwest Corner of Shady Grove and Hilltop Lane) - Quick FoodStore, Applicant/Owner

Staff and the applicant are requesting indefinite postponement of this item.

31 Ordinance -- Zoning Case #ZC10-0013 - Granting S-P-1 (Detailed Site Plan) forR-AB (Restaurant with Alcoholic Beverages) Uses - Approximately 0.33 AcresLocated at 3903 West Airport Freeway - CEC Enterprises, Applicant - BromontDevelopments, Owner

Ken Bloom, Chief Planner, presented a request for rezoning to allow theexpansion of the existing restaurant with the accessory use of the sale ofalcoholic beverages for on-premise consumption. Additionally, a new wall sign isproposed for the new east side of the restaurant. Staff noted that they cannot

recommend the requested east wall sign and staff recommends the stipulationof the pole sign being removed prior to issuance of the new certificate ofoccupancy (CO) for the expansion. Staff does recommend approval of thisordinance with the exception that the requested wall sign on the east faade beremoved and the existing pole sign be removed prior to issuance of the CO forexpansion.

32 Ordinance -- Zoning Case #ZC10-0015 - Granting S-P-1 (Detailed Site Plan) forR-AB (Restaurant with Alcoholic Beverage Sales) Uses - Approximately 11,241Square Feet Located at 3644 Irving Mall Drive - JMR Enterprises, Applicant -Simon Property Group, Owner

Ken Bloom, Chief Planner, presented a request to rezone the property for therelocation of a restaurant with the accessory use of the sale of alcoholicbeverages for on-premise consumption and to rezone two vacant lease spaces.Staff recommends approval of this request.

33 Resolution -- Establishment of and Appointments to the Heritage CrossingCommunications Committee

The Heritage Crossing Communications Committee is being established tocreate a forum that will allow the residential and business communities to have

3

Packet Pg.


25/349


4

input with the Heritage Crossing project leaders. This will allow for exchange ofinformation and provide an avenue for constituent groups to receive informationpertaining to this project directly from the project leaders. The Mayor willrecommend the following members be appointed at tomorrow nights meeting:

Jim Bullock, Lorraine Taylor, Brian Smith, Dan Niemeyer, SharonBarbosa-Crain, Fran Bonilla, Bobby Stewart, Norma Stanton, JoAnnGoin, Jerry Hayes , Jonathon Boyle, Bill Fletcher and Vernon Proctor.

It will be suggested that the Committee nominate and appoint the Chairpersonthey would like to represent them as a whole. Council also did not want alimitation placed on how often they had to meet and would like to see theCommittee meet on an as needed basis. They also discussed the importance ofthe Committees role in two-way communication between citizens and projectleaders.

Delbert McDougal spoke to the Council as it relates to the Heritage CrossingProject. He is looking forward to a proactive group in order to receive some inputand he would also like a representative from his group involved in the meetingsas well.

Council also requested that a Council member be appointed to this Committeeas a liaison.

Council recessed at approximately 1:40 p.m.

Council reconvened at approximately 2:10 p.m.

3 Tree City USA

Chris Michalski, Parks & Libraries Director, provided an update to Council that the Cityhas been designated as a Tree City USA designation. The arborist designated onstaff is Mike Griffith, Parks Manager.

City Manager Tommy Gonzalez recognized Mike Griffith for his excellent work on thisproject and presented him with an On the Spot Award.

Mayor Gears congratulated the new council members and said he is looking forward to

having them on the team.

3

Packet Pg.


26/349


5

The meeting was adjourned at 2:22 p.m.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Shanae Jennings, TRMCActing City Secretary

3

Packet Pg.


27/349

REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

May 27, 2010

~

The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, May 27, 2010. The following members were present / absent:

Attendee Name Organization Title Status ArrivedHerbert Gears Irving City Council Mayor PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentSam Smith Irving City Council Councilman AbsentJoe Philipp Irving City Council Councilman Present

Rose Cannaday Irving City Council Councilwoman PresentRoy Santoscoy Irving City Council Councilman PresentMike Gallaway Irving City Council Councilman Present

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

Sharon Barbosa-Crain, 2608 Alan-a-Dale, Irving, TX - Ms. Crain spoke in regard to the VeteransMemorial Committee and she wanted to remind everyone in Irving that they are invited to theCentral Library at 2:30 p.m. on Sunday, May 30, 2010 where there will be a special MemorialDay ceremony.

Margaret Lopez, 3820 Cheyenne, Irving, TX - Ms. Lopez announced that there will be aMemorial Day Service set for Sunday, May 30, 2010. She indicated it will be a greatcelebration.

INVOCATION

The invocation was delivered by Pastor Patrick Wooten of Grace Point Church.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

.Proclamations And Announcements

Judge Whisler swore in newly elected Council members Mike Gallaway, Place 1 and

Roy Santoscoy, Place 2. Mayor Gears announced that there would be a break for a

reception in honor of the two new Council members.

4

Packet Pg.


28/349

City Council MeetingMay 27, 2010

2

Announcements And Recognitions

Mayor Gears recognized Chris Wallace, President and CEO of the Greater Irving, LasColinas Chamber of Commerce and Don Williams, Director of BusinessRetention/Expansion of the Greater Irving, Las Colinas Chamber of Commerce and

asked that the following come forward:

Brian Smith, Big State Drug Store

Ricky Stephenson, Car Concepts Inc/Rick's Independent Car Kare

Gail Cooksey, Cooksey Communications

Robert and Tamara Fulcher, TeoTios, Inc

Mayor Gears presented the four small businesses with special recognition certificates inhonor of their Blue Ribbon Awards.

Mayor Gears also asked the following to come forward: Debra Miller, Book Coordinator,

Allison Wommack, Senior Library Assistant, and Nathan Wolf, Senior Library Assistant.Mayor Gears stated that the Libraries play a vital role in supporting the quality of life inour communities. As an extension of the library, bookmobiles are mobile informationcenters that provide books, DVDs, employment resources, and opportunities foreducation and self-help. Mayor Gears proclaimed May 27, 2010 as Bookmobile Day.

CITY COUNCIL AGENDA

1 Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal YearBudget

Mayor Gears opened the public hearing at approximately 8:05 p.m.

The following individual signed up to speak:

Sara Beckelman, 2705 Pennington Street

2 City Managers Strategic Plan Update

4

Packet Pg.


29/349


3

City Manager Tommy Gonzalez showed the following videos:

A video on the new dog park was shown and he announced that the dog parkjust opened in conjunction with the new animal shelter.

Goal 5: Promoting and supporting diversity.

Mr. Gonzalez also announced that the trial trash program is not beingimplemented.

CONSENT AGENDA

Motioned by Councilwoman Cannaday, seconded by Councilman Santoscoy, to

approve consent agenda items 3-25.

Motion approved 8-0.

3 Approving Minutes for Wednesday, May 12, 2010

4 Approving Minutes for Thursday, May 13, 2010

5 Approving Minutes for Monday, May 17, 2010

6 Resolution No. RES-2010-115 -- Authorizing Destruction of Obsolete Records in

Accordance with the City of Irvings Records Management Policy

RESULT: ADOPTED [UNANIMOUS]

MOVER: Rose Cannaday, Councilwoman

SECONDER: Roy Santoscoy, Councilman

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

ABSENT: Sam Smith

7 Resolution No. RES-2010-116 -- Authorizing the Mayor to Enter into anAgreement with the Governors Division of Emergency Management to Receiveand Participate in the Fiscal Year 2008 Homeland Security Grant Program

4

Packet Pg.


30/349


4





ABSENT: Sam Smith

8 Resolution No. RES-2010-117 -- Approving a Grant Application Submittal to theAssistance to Firefighter Grant for Two (2) ZIMEK Infectious Disease Control andDecontamination Systems.





ABSENT: Sam Smith

9 Resolution No. RES-2010-118 -- Approving Addendum No. 1 to the WaterPurchase and Sale Agreement between the City of Hugo, Oklahoma, the Hugo

Municipal Authority, and the City of Irving





ABSENT: Sam Smith

10 Resolution No. RES-2010-119 -- Authorizing Staff to Negotiate a ProfessionalServices Contract with Clough, Harbour & Associates LLP, for the AnnualStructural Engineering Contract

4

Packet Pg.


31/349


5





ABSENT: Sam Smith

11 Resolution No. RES-2010-120 -- Approving a Project Funding Agreement withThe Las Colinas Association for Burying Overhead Utilities in Las Colinas


MOVER: Rose Cannaday, CouncilwomanSECONDER: Roy Santoscoy, Councilman


ABSENT: Sam Smith

12 Resolution No. RES-2010-121 -- Awarding a Contract to John BurnsConstruction Company, for the Las Colinas Undergrounding of Aerial Utilities,Phase 1 Project





ABSENT: Sam Smith

13 Resolution No. RES-2010-122 -- Approving the Single Source Purchase fromREMOTEC, Inc., a subsidiary of Northrop Grumman, for a Hazardous DutyRobot

4

Packet Pg.


32/349


33/349


7

RESULT: SECOND READING [UNANIMOUS]Next: 6/10/2010 7:00 PM



ABSENT: Sam Smith

17 Ordinance No. ORD-2010-9179 -- Second Reading -- Granting a Franchise toCommunity Waste Disposal, LP for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,

Texas





ABSENT: Sam Smith

18 Ordinance No. ORD-2010-9180 -- Second Reading -- Granting a Franchise toEmpire Disposal, Ltd., for Solid Waste Collection Services Pursuant to Chapter33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas




ABSENT: Sam Smith

4

Packet Pg.


34/349


8

19 Ordinance No. ORD-2010-9181 -- Second Reading -- Granting a Franchise toHurricane Waste Systems for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas





ABSENT: Sam Smith

20 Ordinance No. ORD-2010-9182 -- Second Reading -- Granting a Franchise toIESI Tx Corporation for Solid Waste Collection Services Pursuant to Chapter 33of the Code of Civil and Criminal Ordinances of the City of Irving, Texas





ABSENT: Sam Smith

21 Ordinance No. ORD-2010-9183 -- Second Reading -- Granting a Franchise toMoore Disposal Corporation for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas

4

Packet Pg.


35/349


9





ABSENT: Sam Smith

22 Ordinance No. ORD-2010-9184 -- Second Reading -- Granting a Franchise toRepublic Waste Services of Texas, Ltd., for Solid Waste Collection ServicesPursuant to Chapter 33 of the Code of Civil and Criminal Ordinances of the Cityof Irving, Texas





ABSENT: Sam Smith

23 Ordinance No. ORD-2010-9185 -- Second Reading -- Granting a Franchise to S& H Waste Disposal Service for Solid Waste Collection Services Pursuant toChapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,Texas





ABSENT: Sam Smith

4

Packet Pg.


36/349


10

24 Ordinance No. ORD-2010-9186 -- Second Reading -- Granting a Franchise toTriplett Waste Services for Solid Waste Collection Services Pursuant to Chapter33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas





ABSENT: Sam Smith

25 Ordinance No. ORD-2010-9187 -- Second Reading -- Granting a Franchise toWaste Management for Solid Waste Collection Services Pursuant to Chapter 33of the Code of Civil and Criminal Ordinances of the City of Irving, Texas





ABSENT: Sam Smith

ZONING CASES AND COMPANION ITEMS

26 Resolution No. RES-2010-124 -- Approving Special Sign Permit #S1003-0024to Maintain an Existing Digital Sign with Variances to the Height and Area-Located at 7815 Esters Boulevard - Raymond Hill DFW, LLC, Applicant/Owner

Mayor Gears opened the public hearing at 8:28 p.m.

Mayor Gears closed the public hearing at 8:28 p.m.

Motioned by Councilwoman Cannaday, seconded by Councilman Meagher toapprove a special sign permit located at 7815 Esters Boulevard.

4

Packet Pg.


37/349


11




SECONDER: Allan Meagher, Councilman


ABSENT: Sam Smith

27 Resolution No. RES-2010-125 -- Approving Special Sign Permit S1001-0038 toAllow the Use of Electronic Signs on Both Proposed Monument Price Signs -Located on the Northwest Corner of MacArthur Boulevard and Royal Lane - AnitaJames, Applicant - Race Trac Petroleum, Inc., Owner (Postponed at the May 27,

2010 City Council Meeting)

Mayor Gears stated that this item is being postponed indefinitely.

Motioned by Councilwoman Cannaday, seconded by Councilman Meagher topostpone indefinitely.


RESULT: POSTPONED [UNANIMOUS]

MOVER: Rose Cannaday, CouncilwomanSECONDER: Allan Meagher, Councilman


ABSENT: Sam Smith

28 Ordinance No. ORD-2010-9192 -- Zoning Case #ZC10-0001 - Granting S-P-1(Detailed Site Plan) for C-C (Community Commercial) Uses and Additional WallSign - Approximately 0.24 Acres Located at 2585 West Irving Boulevard -

CalifCo., Owner/Applicant



Motioned by Councilman Santoscoy, seconded by Councilman Gallaway toapprove approximately 0.24 acres located at 2585 West Irving Boulevard.

4

Packet Pg.


38/349


12



MOVER: Roy Santoscoy, Councilman

SECONDER: Mike Gallaway, Councilman


ABSENT: Sam Smith

29 Ordinance No. ORD-2010-9193 -- Zoning Case #ZC10-0010 - Granting PUD(Planned Unit Development) for S-P-1 (Detailed Site Plan) for R-AB (Restaurant

with Alcoholic Beverage Sales) Uses - Approximately 2,537 Square Feet Locatedat 8600 North Macarthur Boulevard, Suite 132 - Yummi Sushi, Applicant -Macarthur Plaza, LP, Owner



Motioned by Councilwoman Cannaday, seconded by Councilman Meagher toapprove approximately 2,537 square feet located at 8600 North MacArthurBoulevard.




SECONDER: Allan Meagher, Councilman


ABSENT: Sam Smith

30 Ordinance No. ORD-2010-9194 -- Zoning Case #ZC10-0011 - Granting S-P-1(Detailed Site Plan) for Monument Sign - Approximately 8 Square Feet Locatedat 601 West Shady Grove Road (Northwest Corner of Shady Grove and HilltopLane) - Quick Food Store, Applicant/Owner

Mayor Gears stated that the item is being postponed indefinitely.

4

Packet Pg.


39/349


13

Motioned by Councilwoman Cannaday, seconded by Councilman Santoscoy topostpone indefinitely.


RESULT: POSTPONED [UNANIMOUS]




ABSENT: Sam Smith

31 Ordinance No. ORD-2010-9195 -- Zoning Case #ZC10-0013 - Granting S-P-1(Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverages) Uses -Approximately 0.33 Acres Located at 3903 West Airport Freeway - CECEnterprises, Applicant - Bromont Developments, Owner


Deborah Shannon, 4441 West Airport Freeway, Irving, TX - Ms. Shannonindicated that they would be selling beer at the Chuck E. Cheese. Ms. Shannonalso agreed that there would not be two pole signs up at any given time, whenquestioned by the Council.


Mayor Gears asked if the representative would agree to a compromise to onlyallow the new pole sign to go up when the old pole sign comes down. Ms.Shannon agreed to this.

Motioned by Councilman Philipp, seconded by Councilwoman Cannaday toapprove approximately 0.33 acres located at 3903 West Airport Freeway,indicating approval of the wall sign and at no time in the future shall there be twopole signs at the same time.

Council voting in opposition to this motion includes Councilman Gallaway andCouncilman Stopfer.

Motioned approved 6-2.

4

Packet Pg.


40/349


14

RESULT: ADOPTED [6 TO 2]

MOVER: Joe Philipp, Councilman

SECONDER: Rose Cannaday, Councilwoman

AYES: Gears, Meagher, Patrick, Santoscoy, Philipp, Cannaday

NAYS: Rick Stopfer, Mike Gallaway

ABSENT: Sam Smith

32 Ordinance No. ORD-2010-9196 -- Zoning Case #ZC10-0015 - Granting S-P-1(Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverage Sales) Uses -Approximately 11,241 Square Feet Located at 3644 Irving Mall Drive - JMREnterprises, Applicant - Simon Property Group, Owner



Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday toapprove 11,241 square feet located at 3644 Irving Mall Drive.



MOVER: Roy Santoscoy, Councilman

SECONDER: Rose Cannaday, Councilwoman


ABSENT: Sam Smith

APPOINTMENTS AND REPORTS

33 Resolution No. RES-2010-126 -- Establishment of and Appointments to the

Heritage Crossing Communications Committee

Motioned by Councilwoman Cannaday, seconded by Councilman Stopfer toapprove a resolution appointing the following members to the Heritage CrossingCommunications Committee:

4

Packet Pg.


41/349


15

Jim Bullock, Lorraine Taylor, Brian Smith, Dan Niemeier, Sharon Barbosa-Crain,Fran Bonilla, Bobby Stewart, Norma Stanton, JoAnn Goin, Jerry Hayes, VernonProctor, and Bill Fletcher.




SECONDER: Rick Stopfer, Councilman


ABSENT: Sam Smith

34 Mayors Report

Mayor Gears had no report at tonights meeting.

35 Adjournment

Mayor Gears adjourned the meeting at approximately 8:58 p.m.

Citizens Forum

No one elected to speak during tonights Citizen Forum.

Mayor Gears, Mayor

ATTEST:

Shanae Jennings, TRMCActing City Secretary

4

Packet Pg.


42/349

AGENDA ITEM SUMMARY

Meeting: 6/10/2010 DOC ID: 3377Recommending Department: City Secretarys Office LSR No: N/A

Resolution -- Authorizing Destruction of Obsolete Records in Accordance

with the City of Irvings Records Management Policy


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

2. Impact: Departments annually approve destruction of records whose legalretention has been met. This assures that all records destruction is in compliancewith the Records Management Plan.

3. Destruction is requested for 49 cubic feet of records for Information Technology andRisk Management.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: No Review Completed By: N/APrevious Action: N/A Council Action: N/A

.

ATTACHMENTS:

June 10, 2010 Destruction (PDF)

CURRENT YEAR FINANCIAL IMPACT:

None


Prepared: 5/26/2010 01:05 PM by April GoffLast Updated: 5/26/2010 01:25 PM by April Goff

5

Packet Pg.


43/349

CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3377)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby authorizes the destruction of 49 cubic feet (44 boxes)

of unneeded records as shown on the attached list.

SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is

accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,

on June 10, 2010.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Shanae Jennings

Acting City Secretary

APPROVED AS TO FORM:

_______________________________

Charles R. Anderson

City Attorney

5

Packet Pg.


44/349

5.a

t:June10,2010Destruction(3377:02RMAUTHDestructionofObsoleteRecords)


45/349

5.a



46/349

5.a



47/349

5.a



48/349

5.a



49/349

5.a



50/349

AGENDA ITEM SUMMARY

Meeting: 6/10/2010 DOC ID: 3371Recommending Department: Police LSR No: 11001

Resolution -- Approving a Funds Sharing and Fiscal Agency Agreement

Between the County of Dallas, and the Cities of Dallas, Addison, BalchSprings, Carrollton, Cedar Hill, DeSoto, Duncanville, Garland, GrandPrairie, Irving, Lancaster, Mesquite, and Richardson Authorizing the City ofDallas to Serve as the Fiscal Agent to Administer and Distribute FY2010Justice Assistance Grant (JAG) Funds Through the Edward ByrneMemorial Justice Assistance Grant Program


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

2. Impact: The JAG program allows local governments to support a broad range ofactivities to prevent and control crime based on their own local needs andconditions.

3. The FY2010 JAG award to the City is $85,539.00, less the 30% disparity settlementto Dallas County of $25,661.70, and a 7% administrative fee of $4,191.41, bringingthe total grant award to the City at $55,685.89, with no matching funds required.

Recommendation



Contract Required: Yes Review Completed By: Jennifer RichiePrevious Action: N/A Council Action: N/A

ATTACHMENTS:

RES 2010 jag grant (PDF)


NONE


Prepared: 5/19/2010 10:48 AM by Darlene JenkinsLast Updated: 6/3/2010 02:38 PM by Belinda Rowlett

6

Packet Pg.


51/349

CITY OF IRVING


SECTION I. THAT the City Council hereby approves the attached 2010 Byrne Justice Assistance

Grant (JAG) Program Funds Sharing and Fiscal Agency Agreement between theCounty of Dallas, and the Cities of Dallas, Addison, Balch Springs, Carrollton, CedarHill, DeSoto, Duncanville, Garland, Grand Prairie, Irving, Lancaster, Mesquite, andRichardson (Cities) naming the City of Dallas as the fiscal agent to administer anddistribute JAG funds pursuant to the JAG Grant Program and whereby the Countyand Cities agree and acknowledge, as certified disparate jurisdictions, that anagreement has been reached regarding the sharing of funds, and the Mayor isauthorized to execute said agreement.

SECTION II. THAT the agreement allows the City of Dallas, as the fiscal agent, to receive a 7%administrative fee from each entity for managing the grant funds, with Irvings

portion of said fee being $4,191.41, leaving a total award of $55,685.89 to the City ofIrving.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it isaccordingly so ordered.


on June 10, 2010.

________________________________HERBERT A. GEARSMAYOR

ATTEST:

_______________________________Shanae JenningsActing City Secretary


_______________________________Charles R. AndersonCity Attorney

6

Packet Pg.


52/349

AGENDA ITEM SUMMARY

Meeting: 6/10/2010 DOC ID: 3104Recommending Department: Capital Improvement Program LSR No: 10980

Resolution -- Approving a Discretionary Service Agreement Between the

City of Irving and Oncor Electric Delivery Company, LLC, for theUndergrounding of Overhead Electric Facilities on Irving Boulevard atOhio Street


1. This item supports Strategic Goals No. 1: Land Use, No. 2: Vibrant Neighborhoods,No. 3: Economic Development, and No. 9: Infrastructure.

2. Impact: The undergrounding of electric facilities on Irving Boulevard at Ohio Streetwill provide for a more reliable power source in inclement weather, and will enhancevisual appearance by eliminating pole clutter and the need for future tree trimming.

The redevelopment of this site will initiate aesthetic enhancements within theHeritage Crossing District.

3. Funding in the amount of $135,660.95 is available in the Economic DevelopmentFund.

Recommendation



Contract Required: Yes Review Completed By: Kuruvilla Oommen

Previous Action: N/A Council Action: N/A.

ATTACHMENTS:

Property Exhibit Print (JPG)

Oncor DSA (PDF)


1020-2906-77010-907064 Budget: $135,660.95 Actual: $135,660.95

Budget Adjustment/Transfer Required: No


Prepared: 11/17/2009 10:48 AM by Lana KingLast Updated: 6/4/2010 11:22 AM by Jennifer Phillips

7

Packet Pg.


53/349

CITY OF IRVING


BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves the attached discretionary service agreementbetween the City of Irving and Oncor Electric Delivery Company, LLC, forundergrounding of electric facilities on Irving Boulevard at Ohio Street in an amountnot to exceed $135,660.95, and the Mayor is authorized to execute said agreement.

SECTION II. THAT this expenditure shall be charged to Account No. 1020-2906-77010-907064.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it isaccordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________Max S. Duplant, CPA

Chief Financial Officer


on June 10, 2010.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae JenningsActing City Secretary


_______________________________Charles R. AndersonCity Attorney

7

Packet Pg.


54/349


55/349

PacketPg.

55

Attachment:OncorDSA(3104:19DSAAgmtOncorforMcDonalds)


56/349

PacketPg.

56

Attachment:OncorDSA(3104:19DSAAgmtOncorforMcDonalds)


57/349

AGENDA ITEM SUMMARY

Meeting: 6/10/2010 DOC ID: 3354Recommending Department: Housing and Human Services LSR No:

Resolution -- Approving Contours Community Development Corporation

Contract Extension



2. Impact: This project will support neighborhood redevelopment and revitalization aswell as increase the number of housing options in the community for low andmoderate income residents.

3. This contract amendment provides the opportunity for the Contours CommunityDevelopment Corporation to complete the construction of four homes at 1252

1264 Oakdale Road in Council District 4.

4. The homes will be single family, one story homes, constructed with the use of greenbuilding techniques for energy efficiency.

5. This contract is part of an eight lot development to be completed at the cornerintersection of Balleywood Road and Oakdale Road. Additionally, the project waspreviously presented and endorsed by the Irving Housing Finance CorporationBoard of Directors. To date, the site development of the property has beencompleted.

6. This amendment will allow for a 180 day extension. Project delays for theconstruction of these homes are the result of inclement weather, utility relocationsand additional financing requirements for the real estate industry based on currentfinancial market conditions. The project is anticipated to be completed by October31, 2010, however, time has been allowed for unforeseen delays that may occur.

7. The Housing and Human Services Board endorsed this amendment at its May 19,2010 Board meeting.

Recommendation


ADDITIONAL COMMENTS:Contract Required: Yes Review Completed By: Matthew BoylePrevious Action: October 14, 2009 Council Action:

.

ATTACHMENTS:

Amendment No 4 to CCDC Agreement 04-23-10 (PDF)

8

Packet Pg.


58/349

Balleywood Elevations (PDF)

SWcorBallyWAndOakD (PDF)

Location Map (PDF)


Budget Adjustment/Transfer Required: No (If yes, please explain.)


Prepared: 5/6/2010 11:12 AM by Galen PriceLast Updated: 6/4/2010 11:58 AM by Galen Price

8

Packet Pg.


59/349

CITY OF IRVING


WHEREAS, on July 24, 2008, the City Council approved Resolution No. RES-2008-

296, Section XVI, authorizing the Mayor to execute a HOME Investment Partnerships GrantAgreement between the City of Irving and Contours Community Development Corporation(CCDC) for land acquisition and new construction (hereinafter referred to as the Agreement);and

WHEREAS, on July 9, 2009, the City Council approved a request from CCDC for anamendment to the Project Budget to allocate funds for developers fees and increase the totalallocated funds to $236,000 and extend the term of the Agreement to November 9, 2009; and

WHEREAS, on October 22, 2009, the City Council approved a request to amend theProject Schedule and the term of the Agreement to May 31, 2010; and

WHEREAS, CCDC wishes to amend the Scope of Work and Project Schedule andextend the term of the Agreement to December 31, 2010; and

WHEREAS, on May 19, 2010, the Housing and Human Services Board approved arequest from CCDC for the above referenced amendment to the Agreement;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves the attached Amendment No. 4 tothe HOME Investment Partnerships Grant Agreement, dated November 3,2008, between the City of Irving and Contours Community DevelopmentCorporation, which amends the Scope of Work and Project Schedule andextends the term of the Agreement to December 31, 2010, and the Mayor isauthorized to execute said amendment.

SECTION II. THAT the City Council finds that there is no net increase in the Project Budgetas a result of the amendment and no additional funds are being allocatedhereby.

SECTION III. THAT this resolution shall take effect from and after its final date of passage,and it is accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________Max S. Duplant, CPAChief Financial Officer

8

Packet Pg.


60/349


on June 10, 2010.

________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Shanae Jennings



_______________________________

Charles R. AndersonCity Attorney

8

Packet Pg.


61/349

HOME Investment Partnerships Grant Agreement CCDC- Amendment No. 4 Page 1 of 5

AMENDMENT NO. 4 TO

HOME INVESTMENT PARTNERSHIP GRANT AGREEMENT

DATED: NOVEMBER 1, 2008

This is Amendment No. 4 to the HOME Investment Partnership Grant Agreement, entered

into by and between the CONTOURS COMMUNITY DEVELOPMENT CORPORATION, (hereinafter

referred to as CCDC), and the CITY OF IRVING, TEXAS (hereinafter referred to as "City"),

which was originally for the acquisition of land to construct homes (hereinafter referred to as theAgreement), which the City Council authorized the Mayor to execute and funded with2008-2009 Community Housing Development Organization allocations in Resolution

No. RES-2008-296, Section XVI, on July 24, 2008.

WHEREAS, the City and CCDC wish to amend the Grant Agreement by altering (1) theProject Schedule and (2) the Scope of Services and Schedule; and

WHEREAS, on July 9, 2009, the City Council approved a request from CCDC for anamendment to the Project Budget to allocate funds for developers fees and increase the total

allocated funds to $236,000; and

WHEREAS, on July 9, 2009, the City Council approved an extension of the term of theAgreement to November 1, 2009; and

WHEREAS, on October 14, 2009, the City Council approved an extension of the term ofthe Agreement to May 31, 2010

NOW, THEREFORE, the parties agree that the Agreement shall be modified as follows:

1. The Project Schedule, in Section 2, of Exhibit A to the Agreement, entitled

Scope of Work and Schedule, shall be amended to read as shown in Section 2 of attachedExhibit A.

2. Paragraph IV of the Agreement, entitled Term of Agreement, shall be modified

to read as follows:

IV.

Term of Agreement:

The term of this Agreement shall be from November 1, 2008, until the end

of the PROJECT, on December 31, 2010, as shown on Exhibit A, Scope of Work

and Schedule.

3. All other unchanged provisions of the Agreement shall remain in full force andeffect.

8.a

Packet Pg.


62/349


The terms of this Amendment shall become effective upon execution by the parties.

Executed this __ day of May 2010.

CITY OF IRVING, TEXAS CONTOURS COMMUNITY DEVELOPMENT

CORPORATION

By: By:Herbert A. Gears, Mayor Monica McCoy Purdy, Board Chair

ATTEST: ATTEST:

Shanae Jennings, Secretary



City Attorneys Office

8.a

Packet Pg.


63/349


CORPORATE ACKNOWLEDGMENT

THE STATE OF TEXAS

COUNTY OF DALLAS

BEFORE ME, the undersigned authority, a Notary Public in and for said County and

State, on this day personally appeared Monica McCoy Purdy, Board Chair of CONTOURSCOMMUNITY DEVELOPMENT CORPORATION known to me to be the person and officer

whose name is subscribed to the foregoing instrument and acknowledged to me that the same wasthe act of the CONTOURS COMMUNITY DEVELOPMENT CORPORATION, a corporation

that he was duly authorized to perform the same by appropriate resolution of the board ofdirectors of such corporation and that he executed the same as the act of the said corporation forpurposes and consideration therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of___________, A.D., 2009.

____________________________________

Notary Public In and For the State of Texas

My Commission Expires:

____________________

8.a

Packet Pg.


64/349


EXHIBIT A: SCOPE OF WORK AND SCHEDULE

1. SCOPE OF WORK SUMMARY STATEMENT

As Project Developer, construct new affordable homes, consistent with the proposal

submitted to and approved by the City of Irving (City).

TASKS TO BE PERFORMED

Develop full Project Budget and Schedule, verifying reasonableness of all Project costs

and maintaining supporting documentation for cost estimates. Submit same to City forreview and approval. Provide City any and all updates and amendments to such budgetand schedule on an ongoing basis. The budget shall be in accordance with Exhibit D,

which is attached hereto and incorporated herein by reference.

Develop site plans, zoning approvals, architectural drawings, floor plans, etc. for the

homes consistent with local zoning ordinances and with the purposes of federal HOMEInvestment Partnerships Program, and submit to City for review and approval.

The City reserves the right to reject any proposed plans, materials, and means ofconstruction for the housing in the Project with or without cause.

Retain a contractor/superintendent to construct and oversee the construction of thehomes who must be acceptable to the City.

To the extent feasible, preserve existing trees on the subject property.

Generate all necessary match requirements for City HOME funds provided to the Project,

and document all such contributions in a form acceptable to the City.

Submit all payment requests with original invoices to the City in a timely manner to

reduce or eliminate Project financing costs.

Coordinate all necessary permits for development as required by City codes; provide

specified documentation to verify any fee amounts forgiven for match contributions. Oversee quality of workmanship, Project schedule, and all other aspects of the

construction of the homes; Ensure that housing design meets national Model Energy

Code as required by HOME Guidelines.

The proceeds from the sale of the homes, less the Developers Fee to be paid out of

the proceeds of the sale, shall be returned to the IHFC or Housing and Human

Services Department for the further development of affordable housing.

8.a

Packet Pg.


65/349


2. PROJECT SCHEDULE

HOUSES 1 - 4

Milestone DeadlineProject Start Date July 9, 2009

Interim Milestones/Deadlines:

Deadline for Lot Acquisition N/A

Deadline for Plans (Site, Demo)(Revised)

July 17, 2009

Start of Construction (Revised) May 15, 2010

Construction Completion (Revised) December 31, 2010

8.a

Packet Pg.


66/349

8.b

Packet Pg.


67/349

8.b

Packet Pg.


68/349

8.b

Packet Pg.


69/349

8.b

Packet Pg.


70/349

Packet


71/349

PacketPg.

71

Attachment:LocationMap(3354:ContoursCommunityDev.Corp.Amendment)

8/9/2019 IrvingCC Packet 2010

irvingcc packet 2010-06-10

Documents