IrvingCC Agenda 2011-09-01

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    AGENDA

    MEETING OF THE IRVING CITY COUNCIL

    THURSDAY, SEPTEMBER 1, 2011

    COUNCIL CHAMBER - CIVIC CENTER COMPLEX

    825 WEST IRVING BOULEVARD

    IRVING, TEXAS

    City Council Agenda 09/1/2011 1

    ~

    1:01 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, AUGUST 31, 2011 -- FIRST FLOOR CITY COUNCILCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

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

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

    Invocation

    Bishop Kevin Dickerson, Dayspring Family ChurchPledge Of Allegiance

    Proclamations, Announcements, and Special Recognitions

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

    Public Hearing: Items 1 through 54

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

    THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

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

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

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    CITY COUNCIL AGENDA

    1 Public Hearing -- Public Input Hearing on the 2011-12 City of Irving FiscalYear Budget

    Administrative Comments

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

    2. Impact: This public hearing gives the Irving taxpayers an additional opportunity tocomment on next years budget.

    3. The Fiscal Year 2011-12 City Budget is scheduled to be adopted on September 22,2011.

    Recommendation

    Receive public input and council input regarding the FY2011-12 budget.

    2 City Operations Update

    CONSENT AGENDA

    3 Approving Work Session Minutes for Friday, July 29, 2011

    4 Approving Special Meeting Minutes for Wednesday, August 03, 2011

    5 Approving Work Session Minutes for Wednesday, August 03, 2011

    6 Approving Work Session Minutes for Thursday, August 04, 2011

    7 Approving Regular Meeting Minutes for Thursday, August 04, 2011

    8 Approving Budget Retreat Minutes for Thursday, August 18, 2011

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    9 Resolution -- Designating the Mayor as the Authorized Official andAuthorizing the Mayor to Accept, Reject, Alter or Terminate a VictimCoordinator and Liaison Grant (VCLG) through the Office of the AttorneyGeneral to Continue Funding of the Irving Police Department's VictimCoordinator Liaison Position for a One Year Period

    Administrative Comments

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

    2. Impact: The Crime Victim Liaison position provides services for victims of violentcrime to reduce the impact of the trauma.

    3. The funding for this grant period is September 1, 2011, through August 31, 2012,unless it is terminated earlier in accordance with another provision of the contract.

    4. This grant provides partial funding in the amount of $42,000.00 for the VictimCoordinator Liaison position with the city being responsible for a cash match in theamount of $33,350.00.

    5. Funding in the amount of $2,780.00 for the period of September 1, 2011, through

    September 30, 2011, is available in the General Fund for Fiscal Year 2010-11 andin the amount of $30,570.00 for the period of October 1, 2011, through August 31,2012, subject to funds being appropriated in Fiscal Year 2011-12.

    Recommendation

    The resolution be approved.

    10 Resolution -- Approving a Grant Application Submittal to the Assistance to

    Firefighter Grant for Compressors/Cascade/Fill Station

    Administrative Comments

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

    2. Impact - By applying for the 2011 Assistance to Firefighters Grant, the Irving FireDepartment will be able to purchase a new breathing air compressor, cascadesystem and fill station to replace the existing system at Station 2 which hasbecome unreliable as it has been out of service for repairs 10 times in the last 2years. By purchasing such a system, we will be able to ensure the continuedsafety of our members as we provide emergency service for our citizens, visitors,other City of Irving employees and businesses.

    3. This grant is for the purchase of a stationary breathing air compressor, cascadesystem and fill station and provides 80% funding in the amount of $55,960.00, withthe City being responsible for a 20% match in the amount of $13,990.00 for a totalgrant amount of $69,950.00.

    Recommendation

    The resolution be approved.

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    11 Resolution -- Approving the Use of DART South Irving Transit CenterParking Lot for Irving Main Street Event

    Administrative Comments

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

    2. Impact: The use of the South Irving Transit Center will allow the City of Irving toutilize the parking lot area as a key venue for the Irving Main Street Event.

    Recommendation

    The resolution be approved.

    12 Resolution -- Terminating the Economic Incentive Agreement with DCHMaterials, LP

    Administrative Comments

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

    2. Impact: State House Bill 590 has changed the methodology for determining thesource of local sales and use taxes. Since the law will no longer recognizecentralized purchasing offices as the source for sales tax allocation, the Cityssales tax rebate agreement will Drees Custom Homes (DCH) is no longer viable.

    3. Beginning Sept. 1, 2011, the Comptroller will not recognize a purchasing officeas a place of business of the retailer for the purposes of sourcing local salestax if either:

    (1) the office receives a rebate of local sales and use taxes; or

    (2) a related entity (parent, subsidiary or affiliate) is able to avoid orreduce its local sales and use tax liabilities by establishing or operating thepurchasing office, through either creation of a new entity or movement of anexisting entity, in a location with a lower sales tax rate than the locationwhere the purchasing office or related entity formerly performed purchasingfunctions.

    4. As Drees currently has a sales tax incentive with the City, sales from the Dreespurchasing office in Irving will no longer be recognized and has requestedtermination of the existing agreement. Drees currently generates approximate$238,000 in sales tax annually, of which the City rebates 65%. The net loss to the

    City is approximately $83,000 annually.

    5. This adjustment to sales tax revenue will be incorporated in the final FY 2012budget. In accordance with their request, the attached resolution terminates theeconomic incentive agreements effective August 31, 2011.

    Recommendation

    The resolution be approved.

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    13 Resolution -- Terminating the Economic Incentive Agreement with LennarTrading Company, L.P.

    Administrative Comments

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

    2. Impact: State House Bill 590 has changed the methodology for determining thesource of local sales and use taxes. Since the law will no longer recognizecentralized purchasing offices as the source for sales tax allocation, the Cityssales tax rebate agreement will Lennar Homes is no longer viable.

    3. Beginning Sept. 1, 2011, the Comptroller will not recognize a purchasing officeas a place of business of the retailer for the purposes of sourcing local salestax if either:

    (1) the office receives a rebate of local sales and use taxes; or

    (2) a related entity (parent, subsidiary or affiliate) is able to avoid orreduce its local sales and use tax liabilities by establishing or operating thepurchasing office, through either creation of a new entity or movement of an

    existing entity, in a location with a lower sales tax rate than the locationwhere the purchasing office or related entity formerly performed purchasingfunctions.

    4. As Lennar currently has a sales tax incentive with the City, sales tax from theLennar purchasing office in Irving will no longer be recognized. Lennar currentlygenerates approximately $1 million of sales tax annually, of which the City rebates75% on a monthly basis. In addition, the City also has an agreement with thedevelopers of the Supermall site that splits the remaining sales tax, after the rebateto Lennar, 50/50 with the developer of the Supermall Site at Hwy. 635 andMacArthur Blvd. This agreement is also being terminated as there will be no further

    sales to rebate. The net loss to the City is approximately $112,000 annually.

    5. This adjustment to sales tax revenue will be incorporated in the final FY 2012budget. In accordance with their request, the attached resolution terminates theeconomic incentive agreements effective August 31, 2011.

    Recommendation

    The resolution be approved.

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    14 Resolution -- Terminating the Economic Incentive Agreement with 635Phillips Limited Partnership

    Administrative Comments

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

    2. Impact: State House Bill 590 has changed the methodology for determining thesource of local sales and use taxes. Since the law will no longer recognizecentralized purchasing offices as the source for sales tax allocation, the Cityssales tax rebate agreement to 635 Phillips for sales tax generated by LennarHomes is no longer viable.

    3. The developers of the Supermall at 635 and MacArthur currently receive apercentage of the sales tax generated by Lennar as a provision of Lennar locatingwithin the Supermall which has its own developer reimbursement agreement.

    4. As the new sales tax allocation method prevents Lennar Trading Company fromfurther sales tax generation in Irving, the associated agreement with 635 Phillips isalso being terminated.

    5. The attached resolution terminates the economic incentive agreement effectiveAugust 31, 2011.

    Recommendation

    The resolution be approved.

    15 Resolution -- Authorizing the City Attorneys Office to File a Lawsuit(s) to

    Require Code Compliance on Property Located at 310-370 Brown Drive,Irving, Texas

    Administrative Comments

    1. This item supports Strategic Goals No. 2. Vibrant Neighborhoods and No. 4 Safeand Secure City.

    2. Impact: The suit(s) will seek to address code violations at the multi-family propertylocated at 310-370 Brown Drive, Irving, Texas.

    3. The property located at 310-370 Brown Drive, Irving, Texas, (Property) is an 85-unit apartment complex.

    4. The Property has numerous code violations, including electrical and plumbingviolations.

    5. In addition, in settlement of two previous lawsuits that the owner filed against theCity of Irving, appealing civil penalties assessed by the Building and StandardsCommission, the owner agreed to pay $17,000.00 plus interest. To date, thatamount remains unpaid.

    6. The resolution regarding the Property authorizes the City to file lawsuit(s) pursuantto Chapters 54 and 211 of the Texas Local Government and other law to: a) enforce

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    the Citys monetary settlement, possibly through foreclosure; b) compel the ownerto bring the Property into compliance with the Citys ordinances or demolish theProperty; c) allow the City to demolish the Property; d) recover civil penalties andcourt costs; and e) take any other action allowed by law to bring the Property intocompliance.

    Recommendation

    The resolution be approved.

    16 Resolution -- Authorizing the City Attorneys Office to File a Lawsuit toRequire Code Compliance on Property Located at 307 and 307-1/2 HighSchool Lane, Irving, Texas

    Administrative Comments

    1. This item supports Strategic Goals; No. 2: Vibrant Neighborhoods and No. 4: Safeand Secure City.

    2. Impact: This suit will seek to address code violations at the property located at307 and 307-1/2 High School Lane, Irving, Texas.

    3. The property has numerous code violations, including exposed wood, a damagedroof, exposed electrical wires, structural issues, and wall penetrations in violation ofThe Code of Civil and Criminal Ordinances of the City of Irving, Texas.

    4. The resolution authorizes the City Attorneys Office to file suit on behalf of the Cityand take all legal action authorized by Chapter 54 of the Texas Local GovernmentCode and other applicable law concerning the property located at 307 and 307-1/2High School Lane, Irving, Texas.

    RecommendationThe resolution be approved.

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    17 Resolution -- Authorizing the City Attorneys Office to File a Lawsuit toRequire Zoning and Code Compliance on Property Located at 1609 DalePlace, Irving, Texas

    Administrative Comments

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

    2. Impact: This suit will seek to address code violations at the property located at1609 Dale Place, Irving, Texas.

    3. The owner of the property located at 1609 Dale Place, Irving, Texas, (Property)maintains his property with outside storage, junk, and refuse in violation of the Cityszoning laws and The Code of Civil and Criminal Ordinances. In addition, he isattempting to construct a fence with unapproved fence materials.

    4. For over a year, the Code Enforcement Department has been trying to gaincompliance at the Property and have issued seven citations.

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

    6. The resolution regarding the Property authorizes the City to file a lawsuit pursuant

    to Chapters 54 and 211 of the Texas Local Government Code to: a) compel theowner to remove the outside storage, junk, refuse, and fence from the Property andto maintain the Property free from such materials; b) compel the owner to abate anyother violations that arise during the pendency of the lawsuit; c) allow the City toremove the outside storage, junk, refuse, and fence and place a lien on theProperty for its costs; and d) recover civil penalties and court costs.

    Recommendation

    The resolution be approved.

    18 Resolution -- Approving an Engineering Services Agreement Between theCity of Irving and Freese and Nichols, Inc., for the Design of the DelawareCreek Channel Improvements Project

    Administrative Comments

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

    2. Impact: This consulting contract will design the proposed capacity improvements ofthe Delaware Creek Channel to contain the 100 year flood event inside theimproved channel from MacArthur Blvd. to SH 183 in Jaycee Park. The capacity ofthe Delaware Creek Channel between Grauwyler Road and SH 183 will have to beincreased to handle the increased storm run-off from the future widening of SH 183.

    3. This project will design the size and depth of the concrete channel improvementsand the removal and replacement of all existing bridges along this corridor. Thisdesign is needed to prepare for the potential acceleration of the improvements toSH 183.

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    4. This project will also design the improvements to the 36-inch wastewater line to beplaced along the improved channel. These improvements will provide betterwastewater capacity and decrease inflow and infiltration of groundwater into thecitys wastewater system.

    5. Request for qualifications were solicited for the design of channel, water andwastewater improvements. Qualifications were received from 21 firms. Four werechosen to be interviewed. Freese and Nichols, Inc., was determined to be the firmto have the best design team expertise and experience for the design of the worksolicited.

    6. Staff negotiated a fair and reasonable agreement with Freese and Nichols, Inc., forthese services in the amount of $1,200,525.00 and recommends award. Staffnegotiated the total fee down from 12% to 10.3% of the proposed $11,700,000.00construction budget.

    7. Minority- and/or Women-owned Business (M/WBE) participation in this award is26%.

    8. Funding in the amount of $227,000.00 is available in the Sanitary Sewer Bond Fundand $973,525.00 is available in the Storm Water Bond Fund.

    Recommendation

    The resolution be approved.

    19 Resolution -- Approving an Engineering Services Agreement Between theCity of Irving and Halff Associates, Inc., for the Design of the Water Master

    Plan Improvements, Section I and Miscellaneous Water and WastewaterMain Replacements

    Administrative Comments

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

    2. Impact: This work is part of the priority replacements for the Water UtilitiesDepartment. This project will design the installation of new water mains identifiedin the current Water Master Plan to provide better capacity and pressure to thecitys water system. This project is part of the 2011 funding for water andwastewater improvements.

    3. This project will design the installation of over 5,800 linear feet of 12-inch to 20-inchnew water mains and the replacement of almost 16,000 linear feet of water andwastewater mains along Carl Road, West Northgate Drive, Harvard Street, EstersRoad, Royal Lane and East Pioneer Drive.

    4. Request for qualifications were sent to 166 vendors with 38 responses. The top sixfirms were interviewed. Halff Associates, Inc., was determined to be one of threefirms to have the best design team expertise and experience for the design of thework solicited.

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    5. Staff has negotiated a fair and reasonable agreement with Halff Associates, Inc., forthese services in the amount of $634,875.00 and recommends award. The basicservices fee is 9.5%.

    6. Minority- and/or Women-owned Business (M/WBE) participation in this award is28%.

    7. Funding in the amount of $507,900.00 is available in the Water Improvement BondFund and $126,975.00 is available in the Sanitary Sewer Bond Fund.

    Recommendation

    The resolution be approved.

    20 Resolution -- Awarding a Contract to Jeske Construction Co., for LakeDredging and Slope Protection for Centennial Park Pond

    Administrative Comments

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

    2. Impact: This project will dredge Delaware Creek within Centennial Park andconstruct cast-in-place retaining walls to stabilize the creek slopes.

    3. Bids were received from five bidders. Jeske Construction Co., submitted the lowestand best base bid in the amount of $1,181,455.00. An additional $38,545.00 isrequired for testing, bringing the total cost of the project to $1,220,000.00. This is$168,545.00 (12.5%) below the funding allocated for this project.

    4. Funding in the amount of $1,112,097.50 is available in the Municipal Drainage

    Utility Bond Fund and $107,902.50 is available in the Municipal Drainage UtilityFund.

    Recommendation

    The resolution be approved.

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    21 Resolution -- Awarding a Contract to Reyes Group Ltd., for theNorthgate/Windsor/Durango/McClendon & East Irving Boulevard WaterMain Improvement Project

    Administrative Comments

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

    2. Impact: This work is part of the priority replacements for the Water UtilitiesDepartment. This project will provide upgraded water infrastructure for 110residential properties along five streets and one alley.

    3. This project will replace approximately 7,870 linear feet of deteriorated water lines,water valves and fire hydrants along the following streets:

    a. Northgate Drive from Stafford Street to MacArthur Blvd.

    b. Windsor Street from Addington Street to Northgate Drive

    c. North Durango Circle from Rochelle Blvd. to Durango Court

    d. South Durango Circle from Rochelle Blvd. to Durango Court

    e. Durango Courtf. Rochelle Blvd. from South Durango Circle to North Durango Circle

    g. McClendon Street from North Nursery Road to Milner Road

    h. The alley west of 808 East Irving Blvd.

    4. Bids were received from five bidders. Reyes Group Ltd., submitted the lowestresponsive bid of $1,455,088.00. An additional $7,275.00 is required for testing,bringing the total cost of the project to $1,462,363.00.

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

    6. Funding in the amount of $1,442,311.00 in the Water Improvement Bond Fund and$20,052.00 is available in the Sanitary Sewer Bond Fund.

    Recommendation

    The resolution be approved.

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    22 Resolution -- Approving Addendum No. 2 to an Engineering ServicesAgreement Between the City of Irving and Winkelmann and Associates,Inc., for the Design of the Grauwyler Road Paving Improvements from CarlRoad to Loop 12 Project

    Administrative Comments

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

    2. Impact: This addendum will provide for the design of the 48-inch watertransmission main (i.e. Jamison supply line) from Grauwyler Road to the north sideof SH 183. It will also break the project into two phases. Phase 1 includes the 48-inch water transmission design and Phase 2 includes the 48-inch tie-in at VoirinRoad and the completion of paving reconstruction from Carl Road to Loop 12.

    3. Funding in the amount of $44,500.00 is available in the Water Improvement BondFund.

    Recommendation

    The resolution be approved.

    23 Resolution -- Renewing Annual Contract with CHA, Inc., for AnnualStructural Engineering Services

    Administrative Comments

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

    2. Impact: The annual contract provides structural engineering services on an as-

    needed basis for review, analysis and/or design of existing or proposed City ofIrving infrastructure, i.e. retaining walls, screening walls and pedestrian bridgeabutments. Structural engineering is a specialized professional skill set that is notavailable within existing staff.

    3. Staff recommends renewal of this annual contract.

    4. The contract will include hourly rates and the funding will be allocated from variousproject funds as needed. The city has expended an average of $170,000.00 peryear on structural engineering services over the last two years.

    5. Funding in the net estimated amount of $14,666.00 for the period of September 1,2011 through September 30, 2011, and in the net estimated amount of $155,334.00

    for the period of October 1, 2011 through August 31, 2012, subject to funds beingappropriated in the 2011-12 fiscal year budget, will be charged to various projectfunds as needed.

    Recommendation

    The resolution be approved.

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    24 Resolution -- Renewing an Agreement with Harris Corporation (FormallyM/A Com) for the Annual Maintenance for Features Extended (FX)Software for the Enhanced Digital Access Communications System(EDACS)

    Administrative Comments

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

    2. This item has been recommended by Information Technology.

    3. This maintenance agreement ensures that Harris Corporation keeps our EDACSsystem up to date with the latest patches and ensures the City has the latestprogramming software for mobiles/portables.

    4. This agreement also ensures Harris Corporation keeps a backup of software filesoffsite in a secure location in case it is ever necessary to rebuild our system if acatastrophe occurs.

    5. Without these upgrades, the system would eventually be unrepairable and the Citycould not maintain the mobiles and portable radios.

    6. Funding in the net amount of $60,000.00 for the period of October 1, 2011, throughSeptember 30, 2012 is available in the General Fund, subject to funds beingappropriated in Fiscal Year 2011-12.

    Recommendation

    The resolution be approved.

    25 Resolution -- Declaring Property Surplus and Authorizing the Taking ofBids for the Sale of Lots 1 and 2, Block 1, Original Town of Irving Locatedat 313 West Irving Boulevard

    Administrative Comments

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

    2. Impact: Development of this property will positively impact Heritage Crossing.

    3. This 1/2 acre property was originally purchased in August 2002 pursuant to CouncilResolution 06-20-02-229 at a purchase price of $350,000.00.

    4. As the property can be developed independently, it is eligible to be sold at a sealedbid sale.

    5. The property will be conveyed by Special Warranty Deed, subject to anyeasements, reservations, conditions, covenants and restrictive covenants affectingthe property.

    6. The City will retain subsurface mineral rights to the property, but will waive thesurface rights in order to not interfere with its use.

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    7. Minimum bid for the property will be set at $350,000.00 plus the Citys interest costand any other costs incurred by the city during its ownership.

    8. Bidders will be required to submit a design/development plan for the propertyconsistent with the plans for revitalization in the Heritage Crossing. The city willretain the right for final approval of the plans, specifications and use of the property.Bidders must be actively engaged with redevelopment within the Heritage Districtand demonstrate the ability to utilize the proposed development to reduce the citysfinancial obligations or promote further land banking related to the redevelopmentinitiative.

    Recommendation

    The resolution be approved.

    26 Resolution -- Approving License Agreement with American Tower for aDistributed Antenna System (DAS) at the Irving Convention Center at Las

    ColinasAdministrative Comments

    1. This item supports Strategic Goal No. 3: Economic Development Cultivate anEnvironment Conducive to Strong, Successful Economic Development

    2. Impact: This license agreement will provide a higher level of customer service forcell phone users at the Irving Convention Center and generate additional operatingrevenue for the facility.

    3. American Tower will provide the infrastructure necessary to equip the IrvingConvention Center with a Distributed Antenna System (DAS), which will provide

    additional capacity for cell phone users within the facility. The value of thisinfrastructure is estimated at $1 million. American Tower is a key provider of theseservices in convention centers around the country, and has a solid reputation forunderstanding and adapting to the changing needs of convention center exhibitorsand attendees.

    4. In return for the license agreement that allows American Tower to establish theinfrastructure, American Tower will provide a sponsorship fee of $150,000.00 to theIrving Convention Center and will then solicit phone service providers to utilize thetower.

    5. The DAS system can accommodate up to four service providers; as the second andthird providers are brought on board, additional revenue sharing opportunities areprovided for the Irving Convention Center.

    6. There is no cost to the Irving Convention Center nor the Irving Convention andVisitors Bureau for this License Agreement, therefore no funding is required. Theagreement provides incremental revenue opportunities for the convention centerwhile also providing a higher level of customer service

    Recommendation

    The resolution be approved.

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    Bids & Purchasing ItemsItems 27 42

    27 Resolution -- Approving and Accepting the Bid of Recovery Systems Inc.,Dba Pro Tow Wrecker Service, for an Annual Contract to Provide Wrecker

    Service and Auto Pound OperationAdministrative Comments

    1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 8: SoundGovernance.

    2. This item has been recommended by Police.

    3. Impact: The new contract will produce higher revenue for the city, based on thesame number of impounded vehicles and auction sales as the previous contract,while keeping wrecked and abandoned vehicles off city streets.

    4. This award establishes an annual contract for the continuation of providing wrecker

    service and auto pound operation for wrecked, disabled, abandoned, confiscated,or other impounded vehicles so designated for storage by Police.

    5. Funding in the net estimated amount of $365,495.00 for this one-year contract isavailable in the General Fund, subject to funds being appropriated in Fiscal Year2011-12.

    6. Estimated revenue in the amount of $289,583.00 for this one-year contract will bedeposited in the General Fund.

    Vendor FY 2011-12 Est. Expenditures

    (Future FY)

    Total Est. Expenditure

    Recovery Systems Inc., dbaPro Tow Wrecker Service $365,495.00 $365,495.00

    Recommendation

    The resolution be approved.

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    28 Resolution -- Renewing an Annual Agreement with the University of TexasSouthwestern Medical Center at Dallas for Continuing Education Servicesfor Emergency Medical Technicians (EMTs) and Paramedics

    Administrative Comments

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

    2. This item has been recommended by Fire.

    3. Impact: These services ensure that all Irving Fire Department EMTs andparamedics have the training hours required to meet State Certification.

    4. This renewal establishes the continuation of an annual contract to providecontinuing education hours and training as defined by the Biotel EMS System andUT Southwestern Medical Program.

    5. Funding in the net estimated amount of $97,598.00 for this one-year contract will beavailable in the General Fund, subject to FY11-12 funds being appropriated.

    Vendor

    FY 2011-12 Est.Expenditures

    (Current FY)

    Total Est.

    Expenditure

    University of TexasSouthwestern Medical Centerat Dallas

    $97,598.00 $97,598.00

    Recommendation

    The resolution be approved.

    9 Resolution -- Renewing an Annual Contract with the University of TexasSouthwestern Medical Center at Dallas for Medical Direction and QualityAssurance Services for Emergency Medical Technicians (EMTs) andParamedics

    Administrative Comments

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

    2. This item has been recommended by Fire.

    3. Impact: By operating under the medical license and guidance of a qualifiedphysician, the paramedics of the Irving Fire Department can provide the highestlevel of quality patient care for the community. The use of a quality assuranceprogram provides the necessary feedback to meet this important goal.

    4. This renewal establishes an annual contract for the continuation of providingmedical direction and quality assurance services required for the Fire Department tocomply with Texas Department of Health EMS recertification rules. These servicesare for all paramedics and EMTs authorized for clinical performance in the UT

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    Southwestern Medical Program and the BioTel EMS system.

    5. Funding in the net amount of $6,010.54 for this one-year contract is available in theGeneral Fund, subject to FY11-12 funds being appropriated.

    VendorFY 2011-12 Est.Expenditures

    (Current FY)

    Total Est.Expenditure

    University of Texas

    Southwestern Medical Centerof Dallas

    $6,010.54 $6,010.54

    Recommendation

    The resolution be approved.

    30 Resolution -- Renewing an Annual Contract with Grant Thornton, LLP, forProfessional Auditing Services for the City of Irving for Fiscal Year 2010-11

    Administrative Comments

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

    2. This item has been recommended by Financial Services.

    3. Impact: This agreement provides an annual audit and opinion of the citys financialrecords as required by the City Charter and bond covenants.

    4. This renewal establishes the continuation of auditing services for the purpose ofexamining the books and records of the City of Irving for Fiscal Year 2010-2011. In

    addition, the auditors issue an agreed upon procedures report for Dallas RegionalMobility Coalition (DRMC), DFW Interlocal Agreement, and Texas Commission onEnvironmental Quality.

    5. This renewal includes additional auditing services that consists of internal controlreview and compliance audit of two additional grant funds.

    6. The annual not to exceed amount will be $255,150.00 ($550.00 for DRMC is paidseparately) for this one-year renewal contract, and funding will be from the GeneralFund and allocated to grants where funding is available, subject to FY11-12 fundsbeing appropriated.

    Vendor

    FY201112Est.Expenditures

    (FutureFY)

    TotalEst.

    Expenditure

    GrantThornton,LLP $255,150.00 $255,150.00

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/01/2011 18

    31 Resolution -- Approving and Accepting the Proposal of MED3000, Inc., forBilling and Collection of Emergency Medical Services

    Administrative Comments

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

    2. This item has been recommended by Financial Services and Fire.

    3. Impact: This contract allows the city an opportunity to enhance revenues fromEmergency Medical Services billing and collection through acceptance of on-linepayments and other technology tools.

    4. This award establishes an annual contract for the continuation of providing billingand collection services in connection with emergency medical services provided byFire.

    5. Purchasing sent solicitation notices to 14 vendors, of which 11 were

    Minority/Woman Owned Business Enterprise (M/WBE) or Historically UnderutilizedBusiness (HUB). Eleven responses were received, of which two (2) were M/WBEor HUB. The lowest responsive, responsible bidder meets specifications andperformance criteria established in the RFP to provide the best functionality andvalue for the city, and are being recommended for award. The proposals werereviewed by an evaluation committee from Financial Services, Fire and InformationTechnology departments.

    6. Overall, staff estimates a collection rate of 65%, and an increase in annual revenuefrom $2,215,000.00 to $2,676,000.00

    7. The new contracted vendor will receive 4.5% commission on collections of billed

    accounts, which is the same as the current vendor.8. The new contracted vendor will increase efforts to collect amounts due for accounts

    up to and past ninety days and will receive 6.5% commission on these collectedfunds.

    9. Funding in the net estimated annual amount of $120,000.00 or a total of$390,000.00 ($30,000.00 for accounts greater than 90 days) for this three-yearcontract will be available in the General Fund, subject to FY11-12 funds beingappropriated.

    Vendor

    FY201112Est.

    Expenditure

    (FutureFY)

    FY201213Est.

    Expenditure

    (FutureFY)

    FY201314Est.

    Expenditure

    (FutureFY)

    TotalEst.

    Expenditure

    MED3000,Inc. $150,000.00 $120,000.00 $120,000.00 $390,000.00

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/01/2011 19

    32 Resolution -- Renewing an Annual Contract with Texas Municipal LeagueIntergovernmental Risk Pool and McGriff, Seibels and Williams, Inc., forProperty and Casualty Insurance Services

    Administrative Comments

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

    2. This item has been recommended by Financial Services.

    3. Impact: This renewal provides coverage and excess coverage for the citysproperty and casualty insurance needs.

    4. This renewal establishes the continuation of annual contracts to provide propertyand casualty insurance services and excess insurance for self-insured retentions.

    5. At the January 2010 TML-IRP Board Meeting, property rates for the 2009-2010Fund Year were reduced by 10% immediately with the reduction to continue for the

    2010-2011 Fund Year. For 2011-2012, rates are being held at the same level.

    6. Funding in the total net estimated amount of $1,571,764.00 for this two-yearcontract will be available in the Property and Casualty Self-Insurance Fund, subjectto FY11-12 and FY12-13 funds being appropriated.

    Vendor Item(s)

    FY201112

    Est.

    Expenditure

    (FutureFY)

    FY201213

    Est.

    Expenditure

    (FutureFY)

    TwoYear

    Est.Expenditure

    TexasMunicipalLeagueIntergovernmentalRiskPool P&C $443,562.00 $443,562.00 $887,124.00McGriff,SeibelsandWilliams,Inc.

    ExcessIns. $342,420.00 $342,420.00 $684,840.00TotalEstimatedAmount $785,982.00 $785,982.00 $1,571,764.00

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/01/2011 20

    33 Resolution -- Renewing the Annual Contract with TRISTAR RiskManagement and Merit Insurance Services, Inc., to Provide ClaimsAdministration Services and Family and Medical Leave Act AdministrationServices

    Administrative Comments

    1. This item supports Strategic Goal No. 8: Sound Governance.2. This item has been recommended by Financial Services.

    3. Impact: This renewal maintains the citys regulatory compliance with the WorkersCompensation Division of the Texas Department of Insurance and with the FederalFamily and Medical Leave Act; to provide services of claims for workerscompensation and liability claims.

    4. This renewal establishes the continuation of an annual contract to provide ClaimsAdministration Services. The original contract was awarded on the basis ofcompetitive bids.

    5. TRISTAR has agreed to renew their annual fee at the expiring amount for the nexttwo years. Their contract allowed for annual increases averaging $5,948.00. Bynegotiating to maintain the expiring fee amount, there is a 4.7% savings equaling$17,842.00 over the next two years.

    6. Funding in the net estimated annual amount of $218,895.00 or a total of$437,790.00 for this two-year contract, and funds will be available in the SelfInsurance Fund, subject to FY11-12 and FY12-13 funds being appropriated.

    Vendor Item(s)

    FY201112

    Est.

    Expenditure

    (FutureFY)

    FY201212

    Est.

    Expenditure

    (FutureFY)

    TwoYearEst.

    Exp.

    TRISTAR ClaimsAdmin $178,895.00 $178,895.00 $357,790.00MeritInsurance

    FMLAdmin $ 40,000.00 $ 40,000.00 $ 80,000.00TotalEstimated

    Amount$218,895.00 $218,895.00 $437,790.00

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/01/2011 21

    34 Resolution -- Approving and Accepting the Bid of Western Paper Co., forOffice Paper

    Administrative Comments

    1. This item supports Strategic Goals No. 6: Effective Communications and No. 10:Environmentally Sustainable Community.

    2. This item has been recommended by Information Technology.

    3. Impact: The award provides paper with at least 30 percent recycled paper pulp.

    4. This award establishes an annual contract for the continuation of providing bondpaper for copiers and printers, heavier card stock for postcards or print jobs, andNCR paper for multiple set documents.

    5. Minority and/or Women-owned Business Enterprises (M/WBE) participation onthis award is 100%.

    6. Funding in the net estimated annual amount of $94,000.00 for this one-yearcontract will be available in the General Fund.

    Vendor

    FY201112Est.Expenditures

    (CurrentFY)

    TotalEst.

    Expenditure

    WesternPaperCo. $94,000.00 $94,000.00

    Recommendation

    The resolution be approved.

    35 Resolution -- Approving and Accepting the Bids to Morrison Supply Co.,MSC Water Works; ACT Pipe & Supply; Ferguson Enterprises; andMunicipal Water Works Supply for Pipe Fittings

    Administrative Comments

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

    2. This item has been recommended by Water Utilities.

    3. Impact: Pipe fittings are used for repairs in the citys water distribution system andwastewater collection system. The parts provided from this contract include glands,bends, tees, tapping sleeves, and other miscellaneous parts.

    4. This award establishes an annual contract for the continuation of providing pipefittings.

    5. Funding in the net estimated annual amount of $103,598.66 for this one-yearcontract is available in the Water and Sewer System Fund, subject to FY11-12funds being appropriated.

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    City Council Agenda 09/01/2011 22

    Vendor Group

    FY 2010-11 Est.Expenditure(Current FY)

    FY 2011-12 Est.Expenditure(Future FY)

    Total Est.Expenditure

    Morrison Supply Co. I, V, VII, VIII $3,563.05 $39,193.56 $42,756.61

    MSC Water Works II $463.30 $5,096.25 $5,559.55

    ACT Pipe & Supply III, IX $366.98 $4,036.82 $4,403.80

    Ferguson Enterprises IV $3,299.96 $36,299.58 $39,599.54

    Municipal Water Works Supply VI $939.93 $10,339.23 $11,279.16

    Total: $8,633.22 $94,965.44 $103,598.66

    Recommendation

    The resolution be approved.

    36 Resolution -- Approving the Purchase from Equipment Southwest, Inc., fora Freightliner Hydro-Vac Truck through the BuyBoard Cooperative

    Administrative Comments

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

    2. This item has been recommended by Water Utilities.

    3. Impact: This new hydro-vac truck will provide assistance with cleaning wastewatermains, which increases the life of the mains, and reduces the possibility of sanitarysewer overflows, and support our water and sewer line repairs by hydro excavatingas required by the State.

    4. This purchase is for one hydro-vac truck made by Freightliner. This is a budgetedreplacement for vehicle #32141, a 2002 Sterling Flushing Truck. Many of ourexcavations now require the use of hydro excavation to avoid damaging otherutilities. This purchase utilizes our Interlocal Participation Agreement with theTexas Local Government Statewide Purchasing Cooperative; Purchasing Programadministered by the Texas Association of School Boards(the BuyBoard Program)contract number 358-10.

    5. Funding in the net amount of $175,000.00 is available in the EquipmentReplacement Fund and a transfer of $125,000.00 will be made from the Water andSewer System Fund.

    Vendor FY 2011-12 Est.Expenditures(Current FY)

    Total Est.Expenditure

    Equipment Southwest, Inc. $298,566.00 $298,566.00

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/01/2011 23

    37 Resolution -- Renewal of the Bids of Vulcan, Inc., Dba Vulcan Signs, andNippon Carbide Industries (USA) Inc., for Annual Contracts to ProvideReflective Sign Materials

    Administrative Comments

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

    2. This item has been recommended by Public Works Traffic & Transportation.

    3. Impact: These contracts provide reflective sheeting materials used for thefabrication of City roadway regulatory, warning, and street name traffic signs, tosustain a transportation system that enhances motorist safety and providesdirectional guidance.

    4. This renewal establishes annual contracts for the continuation of providing signfaces, overlay films, transfer tapes, and slip sheeting surface protection.

    5. The annual estimated amount will be $53,430.00 for this one-year contract, andfunding will be from the General Fund, subject to FY11-12 funds beingappropriated.

    Vendor ItemFY 2010-11 Est.

    Expenditure(Current FY)

    FY 2011-12 Est.Expenditure(Future FY)

    Total Est.Expenditure

    Vulcan Signs A $3,748.34 $18,741.66 $22,490.00Nippon Carbide B & C $5,156.66 $25,783.34 $30,940.00

    TOTALS: $8,905.00 $44,525.00 $53,430.00

    Recommendation

    The resolution be approved.

    38 Resolution -- Approving and Accepting the Bid of Burst CommunicationsInc., for a Multi-Channel Slow Motion Record/Playback System

    Administrative Comments

    1. This item supports Strategic Goal No. 6: Effective Communications

    2. This item has been recommended by Corporate Communications.

    3. Impact: This purchase replaces an aging system, which is no longer feasible torepair, to provide ICTN programming and services with greater efficiency andeffectiveness.

    4. This purchase will be funded with PEG fee revenue, which must be used for capitalequipment.

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    City Council Agenda 09/01/2011 24

    5. Funding in the net amount of $81,995.00 is available in the General Fund.

    Vendor FY 2010-11 Est.Expenditure(Current FY)

    Total Est. Expenditure

    Burst Communications Inc. $81,995.00 $81,995.00

    RecommendationThe resolution be approved.

    39 Resolution -- Approving the Purchase from Sam Packs Five Star Ford forTwo Ford F-250 X 3/4 Ton Pickup Trucks through the State of Texas

    Procurement Support Services (TPASS)Administrative Comments

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

    2. This item has been recommended by Solid Waste Services.

    3. Impact: These vehicles will be used to collect missed refuse stops, late set outsand special waste materials as well as monitor and provide support to the dailyactivities of the Solid Waste Services collection crews.

    4. This purchase is for one 2011 Ford F-250, ton regular cab pickup with additionalequipment gas engine; and one 2011 Ford F-250 regular cab pickup with additional

    equipment diesel engine. These trucks will replace current truck #06139 and#06142. This purchase utilitzes Texas Procurement and Support Services (TPASS)072-A1.

    5. Funding in the net amount of $53,996.34 is available in the EquipmentReplacement Fund.

    Vendor Item

    FY 2010-11 Est.Expenditure

    (Current FY)Total Est.

    ExpenditureSam Packs Five Star Ford Truck 1 gas engine $23,310.67 $23,310.67Sam Packs Five Star Ford Truck 2 diesel engine $30,685.67 $30,685.67

    Totals: $53,996.34 $53,996.34

    Recommendation

    The resolution be approved.

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    City Council Agenda 09/01/2011 25

    40 Resolution -- Renewing Annual Contracts with Holt Texas, LTD., dba HoltCat; Landmark Equipment Co., Inc.; Conley Lott Nichols of Texas, Inc.; andStewart & Stevenson LLC, to provide Heavy Equipment Maintenance

    Administrative Comments

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

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

    3. Impact: These annual contracts will keep the citys heavy equipment repaired andmaintained with minimum downtime, keeping service levels high.

    4. This renewal establishes the continuation of annual contracts to provide parts,maintenance, and repairs for each original equipment manufacturer engine type,while routine preventive maintenance continues to be performed by citys Fleetstaff.

    5. Funding in the net estimated amount of $217,952.95 for this one-year contract isavailable in the Garage Fund, subject to FY11-12 funds being appropriated.

    Vendor Item(s)

    FY10-11

    Est. Exp.(Current FY)

    FY11-12

    Est. Exp.(Future FY)

    Total

    AnnualEst. Exp.Holt Texas, LTD, dba HoltCat

    1 & 5, Caterpillar - In and Out ofWarranty

    $28,229.48 $141,147.34 $169,376.82

    Landmark EquipmentCo., Inc.

    2 & 6, Ford Tractors - In andOut of Warranty

    $ 1,659.46 $ 8,297.28 $ 9,956.74

    Conley Lott Nichols ofTexas, Inc.

    11, Morbark - In and Out ofWarranty; 14, Bobcat In and

    Out of Warranty; and 16,Ingram In and Out of Warranty

    $ 783.34 $ 3,916.66 $ 4,700.00

    Stewart & Stevenson LLC All of 17, Detroit $ 5,653.24 $ 28,266.15 $ 33,919.39

    Total Est. Amount $36,325.52 $181,627.43 $217,952.95

    Recommendation

    The resolution be approved.

    41 Resolution -- Rejecting the Annual Bid for Road Maintenance Materials &Recycled Concrete

    Administrative Comments

    1. This item supports Strategic Goals No. 9: Infrastructure and No. 10:Environmentally Sustainable Community.

    2. This rejection has been recommended by the Solid Waste Services and Traffic andTransportation Departments.

    3. Impact: It is recommended that the city reject this response, revise thespecifications accordingly, and rebid this item.

    4. Road Maintenance Materials consist of various sands, gravel, etc.

    Recommendation

    The resolution for rejection be approved.

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    City Council Agenda 09/01/2011 26

    42 Resolution -- Rejecting the Annual Bid for Janitorial Supplies Part 2

    Administrative Comments

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

    6. This rejection has been recommended by the Public Works Department.

    7. Impact: It is recommended that the city reject this response, revise thespecifications accordingly, and rebid this item.

    8. Janitorial supplies consist of cleaning implements, cleaning chemicals, etc.

    Recommendation

    The resolution for rejection be approved.

    End of Bids

    43 Ordinance -- Budget Adjustment #2 to the 2010-11 Fiscal Year Budget

    Administrative Comments

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

    2. Budget Adjustments are needed in the following funds: Health Self Insurance Fund,Solid Waste Services Enterprise Fund, Water & Sewer System Fund, Garage Fund,Compensated Absences Fund, Property & Casualty Self Insurance Fund, Water &Sewer System Non-Bond CIP Fund, Municipal Court Technology Fund, Convention

    Center Complex Fund, Entertainment Venue Fund, Fleet Maintenance Fund,General Fund Non-Bond CIP Fund, Convention Center Construction Bond Fund,City Building Improvement Bond Fund, DART Bond Fund, TIF Project Fund, AnimalShelter Bond Fund, Park Bond Fund, ICVB General Fund, ICVB Reserve Fund,ICVB Computer Replacement Fund, IAC Theater Reserve Fund, IAC General Fund,Genghis Khan Fund, Miscellaneous Grants Fund, Emergency Management GrantFund, Shelter Plus Care Grant Fund, Community Development Block Grant -Recovery Fund, Community Development Block Grant FY 2007-2008, HomelessPrevention and Rapid Re-housing Grant State Fund, Equipment ReplacementFund, Municipal Drainage Utility Fund, Municipal Drainage Utility Non-Bond CIPFund, Miscellaneous Donations Fund, Economic Development Fund, Local Law

    Enforcement Block Grant Fund, Library Grant Fund, Criminal Justice Grant Fund,and General Fund.

    Recommendation

    The ordinance be adopted.

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    44 Ordinance -- Final Reading -- Approving a Negotiated Settlement withAtmos Energy

    Administrative Comments

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

    2. Impact: Approval of the ordinance will implement a negotiated settlement with

    Atmos Energy Corp.

    3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a settlement

    addressing the Company's fourth Rate Review Mechanism (RRM) filing.

    4. After review of the ACSC settlement team, it was determined that the evidence

    supported no increase over current rates, and not the $15.4 million proposed by the

    Company.

    5. Ordinance approval includes a supplemental authorization of $6.6 million for

    continuation of the steel pipeline replacement program throughout the Atmos

    service area.

    6. The outcome of this settlement is equal to or better than the outcome expected from

    a lengthy contested case proceeding, and maintains cities' role as a regulator of

    natural gas rates.

    Recommendation

    The ordinance be approved.

    45 Ordinance -- Amending Section 21-87 and Section 21-87.1 of Chapter 21 ofthe Code of Civil and Criminal Ordinances of the City of Irving, Texas, byAdding a School Zone on Pioneer Drive from a Point 450 Feet West of BeltLine Road to a Point 270 Feet East of Carver Lane; on Willow Creek Drivefrom a Point 305 Feet West of Belt Line Road to Aubrey Hawkins Lane;Aubrey Hawkins Lane from a Point 1,290 Feet South of the EastboundFrontage Road of State Highway 183 to Willow Creek Drive; and on StateHighway 114, West Frontage Road, from a Point 700 Feet East ofCistercian Road to a Point 100 Feet West of Cistercian Road

    Administrative Comments

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

    2. Impact: This Ordinance will establish a school zone for Lady Bird Johnson MiddleSchool along Pioneer Drive; Willow Creek Drive; and Aubrey Hawkins Lane; thisOrdinance also amends the established School Zone along the SH114 WestboundFrontage Road adjacent to Cistercian Preparatory School;

    Recommendation

    The ordinance be adopted.

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    City Council Agenda 09/01/2011 28

    46 Ordinance -- Amending Chapter 36 Entitled Public Swimming Pools andSpas of the Code of Civil and Criminal Ordinances of the City of Irving,Texas, by Amending Section 36-4 Permits and Fees

    Administrative Comments

    1. This item supports Strategic Goal No. 4: Set the Standard for a Safe and SecureCity.

    2. Impact: This proposed fee increase for pool permit fees will help recover the Cityscost in performing inspections and processing permits. A review of current fees inthe area, reveal that this fee is in line with at least six other cities in the metro area.

    3. Proposed permit fee increase is from $150 to $200 per pool, hot tub, or spa.

    4. Pool permit fees have not increased since 2005.

    5. The net increase in cost recovery from this fee increase is projected to be $27,250for Fiscal Year 2011-12.

    Recommendation

    The ordinance be adopted.

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    INDIVIDUAL CONSIDERATION

    47 Ordinance -- First Reading - Amending Chapter 52 Entitled Water andSewer Rates of the Code of Civil and Criminal Ordinances of the City ofIrving, Texas, Providing for New Monthly Water and Sewer Rates

    Administrative Comments

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

    2. Impact: Revenue projections under current rates are not sufficient to meet debtcoverage requirement goals. In order to provide for the operational needs of thewater and sewer system and meet commitments made to rating agencies, staffrecommends a 3% adjustment to both water and sewer revenues.

    3. The costs of water purchases and treatment from Dallas Water Utilities as well asthe cost of sewer treatment from Trinity River Authority have increased for FY2011-12. Combined, these rate increases will add over $1.064 million to the expendituresof the Water & Sewer System Fund.

    4. The rate adjustment is projected to increase revenues by $2.28 million. Thisamount will fully offset the pass-through costs of water and sewer treatment. Theremaining $1.2 million will fund additional pay-as-you-go capital improvements toreplace neighborhood water and sewer mains.

    5. To further promote conservation, the water rate increase will be structured so thatthe monthly service charge, which includes the first 3,000 gallons of usage, willincrease by 2%, the next 7,000 gallons of usage by 3%, the next 10,000 gallons ofusage by 3.5% and all usage over 20,000 gallons per month by 4%. Sewerrevenues will increase by a straight 3% for all base and volume rates.

    6. A cost of service study is prepared annually to ensure that funding is available tomeet the cash flow needs of the Water and Sewer System Fund and associatedfunds and produce the required bond coverage factor to allow for the issuance ofadditional bonds and maintain current bond ratings.

    Recommendation

    The ordinance be adopted.

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    ZONING CASES AND COMPANION ITEMS

    48 Resolution -- Approving Special Sign Permit #S1105-0035 to Allow DigitalSign Panels on Both Sides of an Existing Monument Sign Located at 3650N. OConnor Road - Waldrum Lighting and Signs, Applicant - WoodhavenPresbyterian Church, Owner

    Administrative Comments

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

    2. Impact: If approved, the existing on-premise sign will be upgraded to include adigital display, and another on-premise sign will be removed.

    3. The applicant is proposing to install a digital display on both sides of an existingmonument sign, and concurrently remove a separate on-premise marquee sign. Aspart of the request, the applicant is requesting variances to the required separationbetween a digital sign and a residential use, and to the maximum allowed height ofthe sign.

    4. Section 7-3.1 of the City of Irving Code of Civil and Criminal Ordinances provides

    that electronic signs that do not comply with the criteria of the sign ordinance maybe installed on lawfully existing signs if a special sign permit is obtained from theCity Council.

    5. The applicant requests approval to install a 28-inch by 88-inch digital display signon each side of an existing church monument sign that is 10 feet wide and 7 8high. The sign ordinance provides that electronic signs shall be located 100 feet ormore from residentially zoned property, and shall be installed as a component of amonument sign that is a maximum of 7 feet in height. While the actual area of thedigital display complies with the requirements of the sign ordinance, the existingmonument sign on which the digital panels are to be placed is 8 inches higher thanallowed by the current sign ordinance, and is 97 feet from the nearest residential

    property line to the west across OConnor Road. The nearest house is 115 feet tothe west across OConnor.

    6. The signs will comply with the performance standards of the sign ordinance relativeto frequency of change of messages, automatic adjustment of the intensity of thelight based on ambient conditions, minimum length of message display, etc.

    7. The height, location and setback of the sign are proposed to remain unchangedfrom the current configuration. To ameliorate the effects of the new digital displays,the applicant proposes to remove an existing marquee sign approximately 75 feetnorth of the sign to be modified. Staff can support this request since removal of thesecond sign will improve the appearance of this portion of OConnor Road, and the

    existing monument sign complements the design and architecture of the adjacentchurch building.

    Recommendation

    The resolution be approved.

    City Council Agenda 09/01/2011 30

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    49 Ordinance -- Zoning Case #ZC11-0032 - Granting S-P-1 (Detailed Site Plan)for C-N (Neighborhood Commercial) and Outside Dining Uses -Approximately 1.0 Acre Located at 10025 North MacArthur Boulevard -Pete Rahimi, Applicant - Ali Hemani Corporation, Owner(Postponed at theAugust 4, 2011 City Council Meeting)

    Administrative Comments

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

    2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,2011 - Postpone to August 15, 2011 7-0 (Commissioner Tannehill absent). August15, 2011 Favorable 4-3 (Commissioners Gregory, Tannehill, and Zapanta, nay;Commisioner LaRose absent) with the stipulation that a decorative fence or otherprotective barrier be installed around the outside seating area.

    3. The applicant is requesting a zoning change to allow outside dining with arestaurant use.

    4. The Comprehensive Plan recommends Retail usesfor this property. This request isin conformance with the Comprehensive Plan.

    5. The property is developed with a gas station and retail store. The site is zoned S-P-1 (Detailed Site Plan) for C-N (Neighborhood Commercial) uses to allow anattached carwash use in the adjoining space. The applicant is currently remodelingthe carwash area into a restaurant as an allowed retail use. The applicant proposesto provide outdoor seats for customers on a new paved area on the south side ofthe restaurant, for a total of 14 seats. A storefront glass window and door will beinstalled in the carwash front, and the rear exit will be walled in. There is sufficientparking for the use, and the applicant is not proposing a walk-up window.

    6. The Valley Ranch Association has approved the restaurant and outside dining uses.7. The stipulation of the Planning and Zoning Commission has been met. The

    applicant is proposing to screen the area with flower planters.

    8. Public notices were mailed to eight (8) adjacent property owners, with no letters insupport or opposition received.

    Recommendation

    The ordinance be adopted, subject to the applicant placing flower planters around theoutside seating area.

    City Council Agenda 09/01/2011 31

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    50 Ordinance -- Zoning Case #ZC11-0037 - Granting S-P-2 (Generalized SitePlan) for C-N (Neighborhood Commercial) and Parking Lot Uses -Approximately 2.74 Acres Located at 9905 West Valley Ranch Parkway -HSS Systems, LLC, Applicant - PM Realty Group, Owner

    Administrative Comments

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

    2. Planning and Zoning Commission Hearing Date and Recommendation:August 15, 2011 Favorable 6-1 (Commissioner Randall, nay; CommissionerLaRose, absent).

    3. The applicant is requesting to rezone the property to add a parking lot as apermitted use.

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

    5. The property is currently undeveloped. The applicant is wishing to develop theproperty with a parking lot to serve a medical billing service office at 10030 N.MacArthur Blvd.

    6. The applicant has an existing office building east of this property across N.MacArthur Blvd. which has a need for additional employee parking. The applicantis wishing to develop this site with parking to address the need for the additionalparking while retaining the ability to develop the property in the future withneighborhood commercial uses.

    7. The applicant is proposing a 154 space parking lot to be encompassed by a 6-footdecorative metal fence with brick columns along the Valley Ranch Parkway Westfrontage, a 4-foot decorative metal fence on the north and east side, and a 6-footcedar fence on the west side of the parking lot. An arm gate for vehicle passageand a 5-foot pedestrian opening to Valley Ranch Parkway West will be the only way

    to access the parking lot. The applicant will be providing five (5) trees with shrubsalong Valley Ranch Parkway West, and additional shrubs, grass/cedar mulch and16 trees throughout the parking lot with a note on the site plan that all landscapingwill be irrigated by an automatic sprinkler system.

    8. The applicant, to address staff concerns about the pedestrian traffic from theparking lot to the office building, has noted on the site plan that signs will be postedto direct pedestrians to only cross at the intersection.

    9. The applicant is scheduled to present this request to the Valley Ranch Associationon August 25th. Staff will inform the City Council of the decision by the ValleyRanch Association during the August 31st work session.

    10. Public notices were sent to thirteen (13) property owners, with no letters in supportand one (1) letter in opposition received. The opposition represents 2.5% of theproperty within 200 feet.

    Recommendation

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

    City Council Agenda 09/01/2011 32

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    APPOINTMENTS AND REPORTS

    51 Resolution -- Selection of Mayor Pro Tem and Deputy Mayor Pro Tem bythe City Council

    Administrative Comments1. This item supports Strategic Goal No. 8: Sound Governance.

    2. Impact: The election of a Mayor Pro Tem and a Deputy Mayor Pro Tem assurecontinuity of municipal government in the absence of the Mayor.

    3. In accordance with the City of Irving Charter, Article IV, Section 10, stipulates thatthe City Council shall select among the eight (8) Councilmembers a Mayor Pro Temwho shall perform the duties of the Mayor in the Mayors absence or disability.

    4. The Deputy Mayor Pro Tem position is one of tradition and not required by the CityCharter.

    Recommendation

    The resolution be approved.

    52 Resolution -- Appointments to Boards, Commissions, and Committees, toFill Unexpired Terms to the Planning and Zoning Commission and YouthCouncil

    Administrative Comments

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

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

    3. The vacant positions under consideration are Planning & Zoning Commission-Place 3 and Youth Council Place 1 and Place 3.

    Recommendation

    The resolution be approved.

    53 Mayors Report

    54 Adjournment