FINAL AGENDA MEETING OF THE IRVING CITY COUNCIL THURSDAY, DECEMBER 8, 2011 COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD IRVING, TEXAS

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1:00 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, DECEMBER 7, 2011 -- FIRST FLOOR CITY COUNCIL CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor City Council Conference Room Or City Council Chamber Conference Room, Civic Center Complex 7:00 P.M. ------------------------------------------------------------ Organizational Service Announcements

Invocation Pastor Kevin Weathers, Meadowbrook Baptist Church Pledge Of Allegiance Proclamations, Announcements, and Special Recognitions Citizens' Forum Citizens are invited to speak for three (3) minutes on matters relating to City government and on items not listed on the regular agenda. Public Hearing: Items 1 through 41
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON THE FOLLOWING DAY IN THE COUNCIL CHAMBER. ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.

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

City Council Agenda 12/8/2011

CITY COUNCIL AGENDA

1 First Public Hearing -- Re-Enacting Chapter 56 Entitled Curfew Hours for Minors of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, Providing for a Curfew for Persons Under the Age of Seventeen in the City of Irving
Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: The reenactment of this ordinance, which has existed in Irving since 1994, will continue to enhance juvenile safety and reduce juvenile crime during the hours of the curfew. 3. The substance of the ordinance will remain the same as the curfew ordinance that recently expired. The only changes will relate to statistical information in support of the curfew ordinance. 4. The juvenile curfew hours are from 12:01 a.m. through 6:00 a.m., Monday through Friday, and 1:00 a.m. through 6:00 a.m., Saturday and Sunday. 5. This is the first of two required hearings. Recommendation Receive public input.

2 3

City Operations Update Heritage Crossing Update

CONSENT AGENDA
4 5 6 Approving Work Session Minutes for Wednesday, November 16, 2011 Approving Regular Meeting Minutes for Thursday, November 17, 2011 Approving Special Meeting Minutes for Tuesday, November 22, 2011

City Council Agenda 12/08/2011

Resolution -- Authorizing the Mayor to Enter into an Agreement with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (THSSAA) to Receive and Participate in the Fiscal Year 2011 Homeland Security Grant Program
Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City. 2. Impact: This grant will allow the City of Irving to continue funding and implementing emergency management and homeland security projects that significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. 3. The City of Irving has been awarded a FY2011 Homeland Security Grant Program (HSGP) sub-grant for a total of $559,300.35. 4. The award breakdown for this grant is as follows: a. Urban Area Security Initiative - $291,692.00 b. Metropolitan Medical Response System - $267,608.35 5. The grant is for the period of September 1, 2011, to August 31, 2013. 6. The funding provided under this grant is 100% reimbursable pursuant to the conditions contained in the grant sub-recipient agreement with the Department of Public Safety/Texas Homeland Security State Administrative Agency. Recommendation The resolution be approved.

Resolution -- Approving Addendum No. 2 Extending the Contract with IESI TX Corporation for the Sale of Landfill Tonnage at Hunter Ferrell Landfill
Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community. 2. Impact: This contract addendum will maintain the Citys revenue as well as ensure the efficiency of the landfill operation. 3. This addendum establishes the extension of the contract for the sale of landfill tonnage at the Hunter Ferrell Landfill. The purpose of this addendum is to improve operational efficiency at the landfill with no increase in manpower or equipment or decrease in the landfill life beyond normal usage. 4. The extension shall be effective October 1, 2011 through September 30, 2012. 5. Revenue in the amount of $16.50 per ton will be deposited in the Solid Waste Services Enterprise Fund. The extension contract amount shall be calculated by multiplying the cost per ton by the number of tons in the defined quantity of 30,000 tons of municipal solid waste for the period October 1, 2011 through December 31, 2011 and 45,000 tons from January 1, 2012 through September 30, 2012.
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Recommendation The resolution be approved.

Resolution -- Approving the 2011 Supplemental Benefit Plan Document

Administrative Comments 1. This item supports Strategic Goal No. 8 Sound Governance 2. Impact: The Plan is revised to allow retired participants to elect a pop-up annuity option of payment and be able to designate a new beneficiary in the event of a divorce, provided that any costs resulting from the change are borne by the participant. 3. The SBP received a favorable review and has been issued a Favorable Letter of Determination by the Internal Revenue Service. The letter affirms SBP tax exempt status and that the plan document is in compliance with appropriate federal codes. 4. Further revisions incorporate recent changes relating to veterans reemployment rights in accordance with the requirements of Uniform Service Employment and Reemployment Rights Act (USERRA) and other Internal Revenue Service requirements. Recommendation The resolution be approved.

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Resolution -- Approving the 457 Deferred Compensation Plan Amendment

Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: The City of Irving 457 deferred compensation plan was initially adopted on May 24, 1974. The plan document is being revised to include recent legislative changes governing governmental employers plans, including the Pension Protection Act of 2006, the Heroes Earnings Assistance Act of 2008 (HEART), and the Worker, Retiree, and Employer Recover Act of 2008 (WRERA), which are intended to bring the plan into compliance with the requirements of these legislative changes and guidelines issued by the Internal Revenue Service. 3. This revision allows deferrals of accumulated sick, vacation and or back pay that is paid by the later of 2 months following participants severance of employment or the end of the calendar year in which the severance from employment occurred, provided that the election is made prior to the availability of the amount. 4. The change clarifies and incorporates veterans reemployment rights in accordance with the requirements of Uniform Services Employment and Reemployment Rights Act (USERRA). 5. It also clarifies the definition of compensation to include commissions, bonuses and overtime pay, bona fide sick, vacation or other leaves, and the definition of employee to mean any person who is employed by the City as a common law employee on a full-time basis. 6. The amendment explicitly notes that there shall be no loans made to participants. 7. The plan provides that all assets of participants or beneficiaries shall be held and invested in a trust held in the exclusive benefit of the participants and their beneficiaries. 8. The attached deferred compensation plan document is a replacement of the 1998 plan document. Due to the scope of changes stemming from recent legislations, Hartford drafted a model plan document for the City to adopt to ensure continuing compliance with all the changes made in the law and IRS Code through 2008. These changes are defined in Section 1 (definitions), Section 2.2. (election of annual deferral), Section 2.10 (protection of persons who serve in a Uniform Service), Section 3.5 (correction of excess deferrals), Section 4 (investment responsibilities) Section 5.1 (no loans), Section 6.1 (distributions from the plan) Section 6.4 (distribution of small account balances), Section 6. 10 (in-service distribution), and Section 6.11 (qualified distribution for retired public safety officers). Recommendation The resolution be approved.

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Resolution -- Approving the 2011 Public Agency Retirement System (PARS) Section 457 FICA Alternative Retirement Plan Amendment
Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: A revision of the plan document ensures government compliance with recent Internal Revenue Service guidelines. The revisions do not change the citys administrative procedures. 3. Key revisions include coordination of deferral with other qualified plans, in service distributions, administration of the Qualified Domestic Relations Order, and direct rollovers into and from other plans. 4. The plan was also updated to include Roth IRA as an eligible retirement plan for direct rollovers. Recommendation The resolution be approved.

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Resolution -- Authorizing the City Attorneys Office to File a Lawsuit to Require Zoning and Code Compliance on Property Located at 2109 Concord Drive, 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 at 2109 Concord Drive, Irving, Texas. 3. The owner of the property located at 2109 Concord Drive, Irving, Texas, (Property) maintains her property with outside storage, junk, and refuse in violation of the Citys zoning laws and The Code of Civil and Criminal Ordinances. 4. For over a year, the Code Enforcement Department has been trying to gain compliance at the Property and have issued four citations. In addition, outside storage at the Property has been a repeated issue since 2004. 5. Outside storage, junk, and refuse issues are ongoing. 6. The resolution regarding the Property authorizes the City to file a lawsuit pursuant to Chapters 54 and 211 of the Texas Local Government Code to: a) compel the owner to remove the outside storage, junk, and refuse from the Property and to maintain the Property free from such materials; b) compel the owner to abate any other violations that arise during the pendency of the lawsuit; c) allow the City to remove the outside storage, junk, refuse, and fence and place a lien on the Property for its costs; and d) recover civil penalties and court costs. Recommendation The resolution be approved.

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Resolution -- Approving an Engagement Letter with Gibson, Dunn & Crutcher LLP in Connection with the Appeal of City of Hugo, Oklahoma, et al. v. Nichols, et al.
Administrative Comments 1. This item supports Strategic Goals No. 8: Sound Governance and No. 9: Infrastructure Network. 2. Impact: This engagement letter will continue the joint effort of Irving, Texas, and Hugo, Oklahoma, to bring additional water to Irving and North Texas. 3. Irving and Hugo received an Order from the United States 10th Circuit Court of Appeals which would effectively prevent Irving from transporting the water purchased under the current agreement across a state line to satisfy the needs of Irving residents. 4. Irving and Hugo believe it is in their best mutual interest to proceed to file a Petition for Writ of Certiorari with the United States Supreme Court to review the decision of the 10th Circuit Court of Appeals. 5. The City previously retained Gibson, Dunn & Crutcher LLP to conduct an initial case assessment in this matter. The appeal would be handled by James Ho of the Gibson, Dunn & Crutcher law firm in the net estimated amount of $160,000.00. 6. Funding in the amount of $160,000.00 is available in the Water & Sewer System Non-Bond CIP Fund. Recommendation The resolution be approved.

14

Resolution -- Authorizing Staff to Negotiate a Professional Services Contract with Alliance Geotechnical Group for the Annual Geotechnical Engineering and Construction Materials Testing and Inspection Contract
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This contract provides for the testing of construction materials for strength and durability and to ensure all construction is structurally sound to assure public welfare. This testing applies to construction operations for installation of engineering facilities for new City of Irving subdivisions and capital improvement projects. 3. Request for qualifications were solicited for this annual contract. Qualifications were received from 19 firms. Five were chosen to be interviewed. The firms were comparatively analyzed on the basis of expertise, experience, qualified manpower, capability of timely response, proper equipment, method of calibration and certification, and method of report preparation and invoicing. Alliance Geotechnical Group was determined to be the firm to have the best expertise for the work
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solicited. 4. Minority- and/or Women-owned Business (M/WBE) participation in this award is 100%. Recommendation The resolution be approved.

15

Resolution -- Approving an Engineering Services Agreement Between the City of Irving and Pacheco Koch for the Design of the MacArthur Utility and Paving Reconstruction Project
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This consulting contract will design the necessary segments of the 48-inch Jamison water supply line, additional transmission lines, and the roadway reconstruction of MacArthur Blvd. from Grauwyler Road to SH 183 within the hospital district. 3. This project will design three different pipelines under MacArthur Blvd. and the reconstruction of MacArthur Blvd. 4. This project will also design the 48-inch Jamison water supply line within Tom Braniff Drive from SH 183 to Texas Plaza. The replacement of this aged water supply line is necessary to accommodate the future TxDOT SH 183 widening project. 5. Request for qualifications were solicited for this design project. Qualifications were received from 25 firms. Five were chosen to be interviewed. Pacheco Koch was determined to be the firm to have the best design team expertise and experience for the design of the work solicited. 6. Staff negotiated a fair and reasonable agreement with Pacheco Koch for these services in the amount of $859,028.00 and recommends award. Staff negotiated the total fee down from 10.5% to 9.5% of the proposed $9,000,000.00 construction budget. 7. The City of Grand Prairie will participate in the funding for the design of this project. They will contribute $366,648.00. 8. Minority- and/or Women-owned Business (M/WBE) participation in this award is 55%. 9. Funding in the amount of $859,028.00 is available in the Water & Sewer System Non-Bond CIP Fund. Recommendation The resolution be approved.

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Resolution -- Awarding a Contract to S.J. Louis Construction of Texas, LTD., for the Grauwyler Road/Jamison Water Line Phase I Project
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This project will install a segment of the Jamison Water supply line from Grauwyler Road to the north under Voirin Road and continuing north under SH 183. 3. The replacement of this aged 48-inch Jamison water supply line is necessary to accommodate the future TxDOT SH 183 widening project. 4. Bids were received from seven bidders. S.J. Louis Construction of Texas, LTD., submitted the lowest responsive bid of $2,592,671.77. An additional $27,328.23 is required for testing, bringing the total cost of the project to $2,620,000.00. 5. Minority- and/or Women-owned Business (M/WBE) participation in this award is 15%. 6. Funding in the amount of $2,620,000.00 is available in the Water Improvement Bond Fund. The City of Grand Prairie will participate in the funding for the construction of this project. Their share of the construction cost is $1,310,000.00. Recommendation The resolution be approved.

17

Resolution -- Approving Addendum No. 1 to an Engineering Services Agreement Between the City of Irving and Freese and Nichols, Inc., for the Design of the Water Meter Vault Reconstruction, Section IV Project and Miscellaneous Water and Wastewater Main Replacements
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: Due to the current drought, the need to install the Master Water Plans 30inch water main from the Jamison water supply line to the Northgate Pump Station is needed by summer 2012. 3. This addendum will design the installation of 2,750 linear feet of a new 30-inch water main in Northgate and Tom Braniff as well as 1,050 linear feet of 48-inch water main in Texas Plaza. 4. Staff has negotiated a fair and reasonable addendum agreement with Freese and Nichols, Inc., for these services and recommends approval. 5. Funding in the amount of $228,706.00 is available in the Water & Sewer System Non-Bond CIP Fund. The City of Grand Prairie will participate in funding part of this project. Their share of the design cost is $28,800.00. Recommendation The resolution be approved.

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Resolution -- Approving Change Order No. 2 to SYB Construction Company, Inc., for the Fifteenth/Robinson and Rainier Alley Water and Wastewater Main Improvements Project
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: This change order will stabilize a slope at the eastern end of the Rainier alley and provide an ADA compliant sidewalk at its intersection with the alley pavement. The side-slope cut for the new alley pavement was too steep for a stable slope. A retaining wall is necessary to support the fence. 3. This water and/or wastewater project is a product of the FY2010-11 water rate increases. This project replaces the utility lines on two streets and one alley from the Water Utility Departments list of top priority replacement projects. These replacements will improve water quality, reduce maintenance needs and ensure adequate water for public safety. 4. This change order reflects the increased cost of installing a retaining wall and curb ramp and additional sod to stabilize the disturbed width of the alley. 5. Funding in the amount of $12,200.00 is available in the Water Improvement Bond Fund. Recommendation The resolution be approved.

19

Resolution -- Authorizing the Mayor to Execute a Local Transportation Project Advance Funding Agreement for Voluntary Maintenance by a Local Government of a Sound Wall on State Highway 183 from West of Story Road to Wingren Road
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure. 2. Impact: City of Irving Public Works Transportation / Street Department will be responsible for the maintenance of the aesthetically enhanced sound wall on State Highway 183 from west of Story Road to Wingren Road. 3. The City received enhanced aesthetic improvements to the sound walls contingent upon the City maintenance. 4. TxDOT Sound Wall Project Cost $7.2M. 5. City of Irving Sound Wall upgrade cost avoidance $1.1M Recommendation The resolution be approved.

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Resolution -- Approving the Communication Systems Agreement and the Service Maintenance Agreement Between the City of Irving and Motorola Solutions, Inc., for the Citywide Communication Infrastructure Project
Administrative Comments 1. This item supports Strategic Goal No. 4: Safe and Secure City and No. 9: Infrastructure 2. Impact: The citywide communications system replaces the current radio system which is at the end of its lifecycle. The new system will comply with federal mandates and provides interoperability with other radio systems in the region. 3. The new wireless communication system will provide voice and data services for the City and will allow for the mobile use of applications that require voice and data access for field personnel across the city. 4. The citywide communication system includes Land Mobile Radio System, Public Safety LTE Broadband Wireless Network, Fiber Optic Network, and System Integration. The system replacement timeline would begin December 2011 with the RFP Award, site readiness to begin January 2012 through June 2012. Project implementation on June 2012 and project completion estimated January 2014. 5. Proposals were received from four corporations. Two were chosen to be interviewed. City staff evaluated and tested communication systems and products. Motorola, Inc, was determined to be the corporation to have the best value and communication system for the work solicited. 6. Staff negotiated an agreement with Motorola, Inc., for these services in the amount of $20,141,700.68 and recommends the award. Cost avoidance estimated in the amount of $3.5 million is based upon partnerships and system sharing with the City of Fort Worth and Harris County. Additional savings of $539,308.00 is provided based on order placed by December 31, 2011. 7. Included with the Communication System Agreement is a 10-year Service Maintenance Agreement totaling $13,832,115.00. Selecting a 10-year maintenance agreement provides a savings of $1,079,442.00 in comparison to a 5-year maintenance agreement. Additional savings of $584,118.92 is provided based on signing the service maintenance agreement by December 31, 2011. 8. Minority- and/or Women-owned Business (M/WBE) participation in this award is 19.6%
AccountNo. FY201112 Expenditure (CurrentYear) $0.00 FY201213 Expenditure (GOBond) $7,255,020.41 $801,659.86 $0.00 $0.00 $8,056,680.27 FY201314 Expenditure (GOBond) $8,056,680.27 $0.00 $0.00 $0.00 FY201415 through FY202324 $0.00 $0.00 $0.00 $13,382,115.00 Total Expenditure $15,311,700.68 $4,000,000.00 $830,000.00 $13,382,115.00 $33,523,815.68

40012310752010909053

54223251752010909053 $3,198,340.14 5422325175901912007 1001231056406100 $830,000.00 $0.00

Totals $4,028,340.14

$8,056,680.27 $13,382,115.00

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Recommendation The resolution be approved.

21

Resolution -- Approving Change Order No. 5 to Eagle Contracting, L.P., for the MacArthur Pump Station
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. Impact: This change order is the final change order for this project and provides additional required work at the MacArthur Pump Station. The project was completed under the original budget. 3. This is a final change order to the total project and provides credit $46,836.35 back for unused money available in the contingency fund. This decreases the total contract amount to $14,578,163.65. 4. The major items on this change order include the addition of intrusion alarms on the pump station doors, painting of the structural steel and walls, modifications to the pocket park, and additional perimeter fencing. 5. Additional items include masonry work in the bathroom, power for the surge valve, a remote control for the bridge crane, fuel piping modifications for the generator, and modifications to the irrigation system. 6. The project was completed by the substantial completion date of July 26, 2011 and the final completion date of August 25, 2011. The schedule was revised to account for additional work, modifications, and days lost due to inclement weather. Recommendation The resolution be approved.

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22

Resolution -- Approving a Reservation Agreement with SMG for the Use of the Irving Convention Center for the 15Th Annual Transportation and Infrastructure Summit
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development and No. 9 Infrastructure Network. 2. Impact: This fee agreement will provide food, beverages, and conference services in connection with the 15th Annual Transportation and Infrastructure Summit scheduled for August 14 - 17, 2012. 3. Funding in the amount of $150,000.00 is available in the Transportation Summit General Fund. Recommendation The resolution be approved.

Bids & Purchasing Items Items 23 - 28

23

Resolution -- Renewing the Agreement Between the City of Irving and The Bartlett Alliance, Inc., for Training
Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. This item has been recommended by Performance Team. 3. Impact: This renewal compliments the existing Irving University training program by providing focus on training aligned with the organizations philosophy and culture. Class topics were identified by the citys internal training committee. 4. This renewal establishes the continuation of an annual contract to provide training. 5. The annual estimated amount will be $120,000.00 for this one year contract, and funding will be from the General Fund.
Vendor TheBartlettAlliance, Inc. FY201112Est. Expenditures
(CurrentFY)

FY201213Est. Expenditures
(FutureFY)

$90,000.00

$30,000.00

TotalEst. Expenditure $120,000.00

Recommendation The resolution be approved.

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Resolution -- Approving the Single Source Agreement to Siemens Industry, Inc., for Preventative Maintenance Services for Variable Frequency Drive Pumps at Lake Chapman and Hackberry Pump Stations
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. This item has been recommended by Public Works - Water Utilities. 3. Impact: This agreement will enable the city to provide efficient and cost effective maintenance and priority emergency service of selected pumps to ensure continued water flow to residents. 4. This single source award establishes an annual maintenance agreement for providing preventative maintenance service for the medium voltage variable frequency drive (VFD) pumps at Lake Chapman and Hackberry pump stations. The agreement provides for routine maintenance visits and priority service in the event of an emergency. Components are supplied exclusively by Siemens which ensures compatibility and provides a warranty for operation and suitability. 5. Funding in the net annual amount of $24,610.00 for FY 2011-12 or a total of $77,570.00 for this three-year contract will be available in the Hardware Maintenance Agreements Fund.
Vendor SiemensIndustry,Inc. FY201112Est. FY201213Est. FY201314Est. Expenditures Expenditures Expenditures
(CurrentFY) (FutureFY) (FutureFY)

$24,610.00

$25,835.00

$27,125.00

TotalEst. Expenditure $77,570.00

Recommendation The resolution be approved.

25

Resolution -- Cancelling the Contract with Metro Valve & Pipe Inc., and Approving and Accepting the Bid of HD Supply Waterworks for Brass Fittings
Administrative Comments 1. This item supports Strategic Goal No. 9: Infrastructure Network. 2. This item has been recommended by Public Works Water Utilities. 3. Impact: It is recommended that the city cancel the award to Metro Valve & Pipe, Inc., for items I-V, VIII, IX, XI-XIII and award said items to HD Supply Waterworks, the next low bidder for ITB 057M-11F Brass Fittings. 4. Metro Valve & Pipe, Inc. is not able to provide the listed items. HD Supply Waterworks response was the next lowest and they have agreed to maintain the prices from their original bid.

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5. This award to the next lowest responsive bidder establishes an annual contract for the continuation of providing brass fittings. 5. Funding in the net estimated annual amount of $25,983.37 is available in the Water and Sewer System Fund.
Vendor Metro Valve & Pipe, Inc. Cancellation HD Supply NewAward Waterworks FY201112Est.Expenditures (CurrentFY) $25,862.65 $25,983.37 TotalEst. Expenditure $25,862.65 $25,983.37

Recommendation The resolution be approved.

26

Resolution -- Approving Change Order No. 1 with Maloney Strategic Communications, Inc., for Advertising Agency Representation
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. This item has been recommended by Irving Convention and Visitors Bureau. 3. Impact: The additional money from the change order will allow the amount spent for FY 2011-12 to equal the amount budgeted for this year. 4. The city is currently in the second year of the first renewal. The net estimated amount was $300,000.00 in the renewal and the approved budgeted amount for FY 11-12 is $350,000.00. This Change Order authorizes the Irving Convention and Visitors Bureau to spend the full budgeted amount. The original contract was awarded on the basis of competitive bids. 5. The amount of Change Order No. 1 is $50,000.00 for this fiscal year, and funding will be from the Irving Convention and Visitors Bureau General Fund.
Vendor MaloneyStrategic Communications,Inc. FY201112 Original Expenditure
(CurrentFY)

FY201112 ChangeOrderNo.1 Expenditure

(CurrentFY)

FY20111212 TotalExpenditure $350,000.00

$300,000.00

$50,000.00

Recommendation The resolution be approved.

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Resolution -- Rejecting All Bids for the Aerial Lift for the Irving Convention Center
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. This item has been recommended by the Irving Convention and Visitors Bureau. 3. Impact: It is recommended that the city reject all bids. 4. The two responses received on this bid are significantly over budget. 5. The Irving Convention and Visitors Bureau has not yet made a final determination on whether to rebid this item. Recommendation The resolution for rejection be approved.

28

Resolution -- Rejecting All Bids for Automobile and Truck Parts

Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. This item has been recommended by Public Works - Fleet. 3. Impact: It is recommended that the city reject all bids and pursue options through cooperative purchasing agreements. 4. Only one of the ten bids received was responsive and it was over budget. Recommendation The resolution for rejection be approved.

End of Bids

29

Ordinance -- Amending the City of Irving, Texas, Emergency Water Management Plan (Drought Contingency Plan and the Water Conservation Plan) to Modify Drought Restrictions in Stages 1 through 5.
Administrative Comments 1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community
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2. Impact: The consolidation of drought stages 3 and 3 plus, as well as rewriting the drought response triggers and restrictions in a consistent format, will promote better clarity and understanding. Stage 3 will restrict irrigation to one day per week. 3. As the drought continues and water supplies drop further, it will be necessary to further reduce irrigation water use so that water is available to maintain public health, safety and welfare. 4. The proposed stage 3 modifications will provide another tool that will preserve existing water supplies. 5. Transportation and Natural Resources Committee was briefed on plan changes on November 21, 2011. Recommendation The ordinance be adopted.

30

Ordinance -- Authorizing the Abandonment of a Portion of Teleport Boulevard and Associated Public Utility Easements for the DART Orange Line Project
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development and Goal 9: Infrastructure Network 2. Impact: This abandonment will accommodate the construction of the DART Orange Line and allow for development of the site with a deferred station and future BNSF intermodal station. 3. The DART Orange Line crosses this portion of Teleport Boulevard at a severe angle and grade differential, requiring the street and utilities to be removed. Teleport Boulevard will remain in place from Las Colinas Boulevard, but will now dead end at the entrance to the ONCOR substation. 4. DART has relocated all impacted utilities associated with the removal of the street. 5. The abandonment is conditioned on DART re-platting the property and providing necessary easements and right-of-way to accommodate the new terminus of Teleport and the relocated utilities. 6. The city will transfer ownership of the abandoned right-of-way and Parcel 15-1 Revised, subject to retaining an underground utility easement. Recommendation The ordinance be adopted.

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INDIVIDUAL CONSIDERATION
31 Resolution -- Determining the Estimated Net Bond Proceeds of the City of Irving for the Purpose of Constructing the Entertainment Center Project
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: This determination of Estimated Net Bond Proceeds is the next step in financing the Entertainment Center. 3. Following council direction of November 16, staff instructed First Southwest to work with our underwriters Estrada-Hinojosa and J.P. Morgan to seek an indicative rating from the rating agencies of a bonding structure of $170,000,000.00 using the various revenue streams pledged to secure the bonds. The development agreement requires the bonds to be rated at one of the four highest long-term rating categories [BBB or higher]. 4. The final judgment in the bond validation suit was rendered November 29, 2011. The Entertainment Center Development Agreement requires that the City make the determination of Estimated Net Bond Proceeds not later than 15 days after the final judgment is rendered. 5. The proposed resolution of Net Estimated Bond Proceeds is based upon the recommendation of the citys financial advisor and city staff. The bonding capacity of the various revenue streams pledged to secure the bonds totals $128,850,000.00. This is reduced by $23,560,000.00 to refund architectural and engineering costs, leaving an Estimated Net Bond Proceeds of $105,290,000.00 for construction purposes. 6. The amount of the bonds can be increased upon receipt of the indications from the rating agency and bond market. These reports will be used to finalize participation decisions in the Bond Ordinance the council will consider when Las Colinas Group delivers its executed loan commitment. 7. Upon notification of this determination, the Las Colinas Group will have 60 days to deliver an executed loan commitment from financial institution(s) or investors in the amount equal to total project costs minus net bond proceeds, currently an estimated amount of $80,000,000.00. Recommendation The resolution be approved.

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32

Resolution -- Approving a Fee Agreement with Premier Meeting and Event Management
Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development and No. 9: Infrastructure Network. 2. Impact: This fee agreement will allow for meeting planning, audio visual, and onsite conference management services in connection with the 5th Annual Transportation and Infrastructure Convention scheduled for March 7 - 9, 2012 and the 15th Annual Transportation and Infrastructure Summit scheduled for August 14 - 17, 2012. 3. The agreement consists of a not to exceed amount of $79,815.00 including reimbursable expenses in an amount not to exceed $500.00. 4. Funding in the amount of $79,815.00 is available in the Special Event Production Fund. Recommendation The resolution be approved.

ZONING CASES AND COMPANION ITEMS

33 Resolution -- Approving Preliminary/Final Plat #PL11-0037 Sullins Industrial Addition, Revised - Approximately 2.41 Acres Located at 1121 Winston Street - Peiser Surveying, LLC, Applicant; Roy Sullins, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2011 Technical Denial 7-0 (Commissioners Randall and Allen, absent) 3. The property is currently platted as Lot 1 of Sullins Industrial Addition. The applicant is dividing the one lot into two lots to allow new construction. 4. This plat is being forwarded to the City Council for approval due to the following exception to the Subdivision Ordinance: Section 35-20(b) of the Subdivision Ordinance requires that a cul-de-sac be provided at the end of all dead-end streets. The plat does not provide a cul-desac or other turn-around at the termination of Legion Street, which is abandoned through the subject tract. Legion Street does not appear on the Citys list of streets, but appears on the tax parcel maps as right-of-way. Staff does not see a need for a cul-de-sac at the termination of this 105 ft. length of right-of-way.

5. The plat complies with all other requirements of the Subdivision Ordinance. Recommendation The resolution be approved.

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Ordinance -- Zoning Case #ZC11-0041 - Granting S-P-1 (Detailed Site Plan) for C-N (Neighborhood Commercial) Uses - Approximately 0.65 Acres Located at 3321 West Pioneer Drive - 3MA Design, Applicant - 4M Management Inc., Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2011 Postpone to November 21, 2011 6-0 (Commissioners Zapanta, LaRose and Fischer, absent); November 21, 2011 - Favorable 7-0 (Commissioners Randall and Allen, absent) 3. The applicant is requesting rezoning to allow an expansion to the existing auto service building with bay doors facing an arterial street. 4. The Comprehensive Plan recommends Retail uses for this property. This request is in conformance with the Comprehensive Plan. 5. The property is currently developed with a 3,893 sq. ft. tire store with three (3) bay doors facing Pioneer Drive, an arterial street. The applicant is seeking to expand the existing business by 5,762 sq. ft. This expansion will include three (3) additional bay doors which will also face W. Pioneer Drive. Since bay doors are not allowed to face an arterial street, the property must be rezoned to allow for an exception to this requirement. 6. The applicant proposes that the expansion be constructed of metal with a masonry faade on the south, east and west sides of the building to match the existing masonry faade on the existing building. If the applicant is unable to match the existing masonry faade, a new masonry faade will be installed for consistency. The north wall of the expansion is proposed to be metal, but screened from the property to the north by an 8 foot solid fence. 7. The site plan includes an 8-foot tall stained cedar wood fence along the north property line and along the east property line adjacent to the building. The fence reduces in height to 6-feet along the east property line in front of the building to screen the parking area and overhead doors from view from the east. The plan shows that the 12-foot drive on Luke St. will be paved and the width of the existing drive on Pioneer will be increased to 24 feet. The site plan also notes that the metal canopy will be repainted and the sign on the metal canopy may not exceed 25% of the background on which it appears. 8. The applicant is proposing to install four (4) additional trees, two (2) along W. Pioneer Dr. and two (2) along Luke St., with new shrubs along both street frontages to screen the parking. 9. The site plan also includes notes requiring the color scheme of the building to be consistent with neutral colors, including all overhead doors and the canopy, requiring a holding container for trash to be provided inside the building a not visible from the right-of-way, and requiring the replacement of the existing pole sign with a monument sign. 10. Staff believes that the additional landscaping, fencing and masonry materials on the expansion area will ameliorate any negative impact of the bay doors facing Pioneer. 11. Public notices were sent to eighteen (18) property owners, with two (2) letters in
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support and two emails in opposition received. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

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Ordinance -- Zoning Case #ZC11-0045 - Granting S-P-1 (Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverages) - Approximately 0.06 Acres Located at 10009 North MacArthur Boulevard - Wells Assets Management, Applicant - DHC Hawaii Holdings LLC, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: November 7, 2011 Favorable 6-0 (Commissioners Zapanta, LaRose and Fischer, absent) 3. The applicant is requesting a zoning change to allow an outside dining area with the accessory use of alcoholic beverage sales for on-premise consumption. 4. The 2008 Comprehensive Plan Future Land Use Map recommends Retail uses for this property. This request is in conformance with the Comprehensive Plan. 5. The property is developed with a restaurant in a multi-tenant retail center with S-P-1 for R-AB zoning to sell alcohol. The applicant is expanding the restaurant with a patio area located in the sidewalk and parking area at the north end of the parking lot. Ten seats will be provided on the patio. A wrought-iron fence will enclose the patio. 6. The applicant is increasing the seating count to take advantage of the existing parking spaces. Sixty-four seats are provided in total, requiring 26 parking spaces. The shopping center as a whole requires 61 spaces; 61 spaces are provided. 7. The request complies with all requirements of the R-AB ordinance. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

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Ordinance -- Zoning Case #ZC11-0046 - Granting S-P-1 (Detailed Site Plan) for C-C (Community Commercial) Uses and Reduced Interior Parkway Area - Approximately 1.077 Acres Located at 1308 East Airport Freeway - Pink Consulting, Applicant - McDonalds USA LLC, Owner
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2011 - Favorable 7-0 (Commissioners Allen, Randall, absent) subject to the applicant providing some additional notes on the site plan.

3. The applicant is requesting a zoning change for a reduced front interior landscaped parkway area. 4. The 2008 Comprehensive Plan Future Land Use Map recommends State Highway 183 Overlay uses for this property. This request is in conformance with the Comprehensive Plan. 5. The property is developed with a McDonalds restaurant with frontage on both Airport Freeway and Carl Road. The applicant is renovating the restaurant, requiring compliance with the Commercial Design Standards for materials and articulation. The new faade will be made of stone veneer and brick masonry, with vertical and horizontal articulation provided at corners and entries, and will be similar to other newly constructed McDonalds restaurants in Irving. 6. The renovation also requires compliance with the landscape ordinance. The property as currently developed cannot provide the required 30-foot landscape buffer on the SH-183 frontage due to the location of the building and driveways. The applicant proposes to provide the same number of required trees but in a reduced landscape area: Total existing trees 5 2 5 Total proposed trees 6 2 6

SH 183 interior parkway Carl Road interior parkway Parking lot

7. The applicant will eliminate two parking spaces adjacent to SH-183 and four adjacent to Carl Road and replace with landscaping to maximize the amount of landscaping on both frontages. 8. The restaurant will remain 5,623 square feet in size, and will provide 51 parking spaces for the 140 seats. The State Highway 183 Overlay requires one parking space for each 100 square feet of restaurant space, or 56 spaces. The applicant is providing 729 square feet of landscaping at the street frontages as part of this request. Staff does not believe the reduction of 5 required spaces will have a significant impact on this site. 9. On June 10, 2010, the City Council approved a variance to the Sign Ordinance to maintain the existing 50-foot pole sign for (1) no longer than 120 days after the removal of the gas station and sign located at 1300 E. Airport Freeway, or (2) until June 10, 2012, at which time it must be brought into compliance with the current

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height and area requirements. A note confirming this requirement has been added to the site plan. 10. The stipulation of the Planning and Zoning Commission has been met. 11. Public notices were sent to thirteen (13) property owners with no letters in support or opposition received. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

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Ordinance -- Amending Section 52-38 Parking and Loading Development Standards to Revise Paving and Striping Standards and Add Residential Parking Standards and Amending Section 52-35a Landscaping and Tree Preservation Subsection (c) Property Zoned for Residential Uses Accordingly - City of Irving, Applicant
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use. 2. Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2011 Favorable 6-1 (Commissioner Gregory, nay; Commissioners Randall and Allen, absent). 3. This is an amendment to the parking and loading standards to establish commercial parking construction standards, update the parking layout exhibits, provide residential driveway construction standards and exhibits, and amend Section 5235a Landscaping and Tree Preservation to remove the residential parking standards from that section. 4. The parking and loading standards are currently located in different sections of the Zoning Ordinance and need to be consolidated in one section for logical organization. Updated exhibits are also proposed to be added for consistent application. Parking and loading standards in Sec. 52-38 are proposed to read as follows. These standards are almost identical to the standards adopted earlier this year in the State Highway 183 Overlay District: Parking lots, automobile display lots, internal driveways, vehicle circulation areas, and any non-residentially zoned property used for parking or storage of vehicles, trucks, trailers, or motorized equipment of any kind shall be paved with a minimum of 5 inches of 3000 pounds per square inch concrete with #3 rebar on 18 inch center both ways, or an equivalent standard of asphalt. Parking lots, driveways, and internal circulation areas shall be maintained free of potholes, with a smooth surface fee of rubble, and cracks sealed. Permeable paving meeting the applicable standards of the city may be installed in low traffic volume areas or areas that are not used for fire lanes or loading or unloading. All required parking shall be clearly striped. A clearer graphic is proposed to replace the older parking design graphic in Section

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52-38(i). 5. A residential parking section is proposed to be added to 52-38 for design, construction and placement standards for single family and duplex use driveways which is proposed to read as follows, with paragraph (j)(1) simply being moved from the Landscaping and Tree Preservation section of the zoning ordinance: (j) Residential Driveways (1) Residential driveways serving property used for single-family and duplex uses shall be constructed of concrete, asphalt, bricks, or pavers per city standards for such materials. It is an affirmative defense to this subsection that the driveway existed at the time this subsection became effective August 3, 2006. Driveways existing at the time this subsection became effective may be extended but the materials used for the surface of such extension must be of the same or better material and standard as the original construction of such driveways, except a driveway constructed of concrete or asphalt may transition into compacted gravel per city standards when the existing driveway has extended twenty-five (25) or more feet from the front property line or tract. (2) Driveways and on-site parking serving property used for single-family and duplex uses shall be constructed in accordance with this subsection. These guidelines provide recommendations concerning the design, construction and placement of driveways and on-site parking berths in order to ensure a high quality visual impression of the communitys neighborhoods. Design graphics for residential construction are provided to illustrate acceptable driveway designs. 6. The ordinance also modifies Sec. 52-35a Landscape and Tree Preservation to remove the parking and loading standards from that section. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

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Ordinance -- Amending Section 52-75 Definitions of Comprehensive Zoning Ordinance No. 1144 and Amending Section 8-4 of Chapter 8 Building Standards Code of the Code of Civil and Criminal Ordinances of the City of Irving, Texas by Amending the Definition of "Family" - City of Irving Applicant
Administrative Comments 1. This item supports Strategic Goal No. 1: Land Use and Strategic Goal No. 2: Neighborhoods
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2. Planning and Zoning Commission Hearing Date and Recommendation: November 21, 2011 Favorable 6-1 (Commissioner Gregory, nay; Commissioners Randall and Allen, absent) 3. This is an amendment to the Zoning Ordinance and to Chapter 8 of the Code of Ordinances to amend the definition of family. 4. For several months, Staff has been working with the City Council Planning and Development Committee to review various issues related to protecting neighborhood integrity. Among the ordinance provisions that have been identified as needing changing is the current definition of family. The current definition of family in both the Zoning Ordinance and Chapter 8 of the Code of Ordinances is: Any number of individuals living together as a single housekeeping unit interdependent upon one another. This definition potentially allows an unlimited number of unrelated individuals to live together in a single family home. A review of how other North Texas communities define family along with a review of court decisions revealed that most communities limit the number of unrelated individuals living together to between three and six people, with three and four being the most common numbers. 5. Staff recommends that the definition of family be amended to read: One (1) or more persons who are related to the head of the household by blood, marriage or adoption and no more than three (3) unrelated persons living together as a single housekeeping unit and occupying a single dwelling with single kitchen facilities on a non-profit, cost-sharing basis. Foster children shall be considered to be related members of the family. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.

APPOINTMENTS AND REPORTS

39 Resolution -- Appointment to Boards, Commissions, and Committees, to Fill an Unexpired Term for the Planning & Zoning Commission
Administrative Comments 1. This item supports Strategic Goal No. 8: Sound Governance. 2. Impact: Appointment of Irving residents to boards, commissions, and committees assures that our residents have a voice in city government. 3. The vacant position under consideration is Planning & Zoning Commission- Place 8.

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Recommendation The resolution be approved.

40 41

Mayors Report Adjournment

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