IrvingCC Agenda 2011-10-06

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, OCTOBER 6, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS

City Council Agenda 10/6/2011 1

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1:00 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, OCTOBER 5, 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

Pastor Ken Branam, Plymouth Park Baptist

Pledge 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 24

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 Secretary’s Office at (972) 721-2493or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.




CITY COUNCIL AGENDA

1 City Operations Update

CONSENT AGENDA

2 Approving Work Session Minutes for Wednesday, September 21, 2011

3 Approving Regular Meeting Minutes for Thursday, September 22, 2011

4 Resolution -- Authorizing the Destruction of Obsolete Records inAccordance with the City of Irving’s Records Management Policy

Administrative Comments

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

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

3. Destruction is requested for 99 cubic feet of records for Tax Office.

Recommendation

The resolution be approved.

5 Resolution -- Approving an Agreement Between the City of Irving and theGreater Irving-Las Colinas Chamber of Commerce to Provide AnnualFunding for Economic Development Services for the City of Irving, Texas


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

2. Impact: This agreement authorizes annual funding for economic developmentmarketing services from the Greater Irving-Las Colinas Chamber of Commerce tosupport a vibrant economy and business growth in Irving.

3. The purpose of this contract is to promote Irving economic development throughstrategies and programs designed to increase the tax base, encourage high quality job growth, and recruit, retain and develop businesses both nationally andinternationally, including small businesses and minority and women ownedbusinesses.

4. The city partners with the Greater Irving-Las Colinas Chamber of Commerce tosupport new and existing businesses with site selection, incentives, permitting,zoning, training resources, and networking opportunities.




5. Key results from FY 10-11 include:

• Celanese, corporate headquarters relocation - 385 jobs• Consolidated Electrical Distributors, corporate headquarters relocation - 80 jobs• Terminal Reality, corporate headquarters relocation - 140 jobs• EcoLab, regional office relocation - 100 jobs• KidKraft, distribution facility relocation - 150 jobs• Aviall Services, logistics/distribution operations expansion - 400 jobs

• In-N-Out Burger, new targeted retail store location - 35 jobs• Freebird World Burrito, new targeted retail store location - 25 jobs

6. Economic development results are reported back to the City on a quarterly basis.

7. Funding in the amount of $1,675,000.00 is available in the Economic DevelopmentFund.

Recommendation


6 Resolution -- Approving a Sister Cities/International Trade Developmentand Assistance Center Services Contract with the Greater Irving-LasColinas Chamber of Commerce



2. Impact: This contract will approve FY2011-12 funding for the Chamber to providesister cities and international trade services to the City.

3. The Chamber will carry out a program of exchanges between the City and itsparticipating sister cities, which are focused on business, but may also be cultural,artistic, educational, economic, community, and/or other appropriate forms ofexchanges, in keeping with the purpose of the worldwide sister cities program.

4. Funding in the amount of $164,800.00 for period of October 1, 2011 throughSeptember 30, 2012, is available in the Economic Development Fund.

Recommendation





7 Resolution -- Approving a Texas Traffic Safety Program Grant AgreementBetween the City of Irving and the State of Texas, Acting by and throughthe Texas Department of Transportation, for a Selective TrafficEnforcement Program (STEP) Grant


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

2. Impact: This grant provides for overtime expenses to increase safety belt usage,increase driver compliance with posted speed limits, and decrease impaired drivingand alcohol-related crashes.

3. The grant becomes effective October 1, 2011, and terminates on September 30,2012, unless terminated or otherwise modified.

4. The STEP grant is reimbursable up to $199,570.00, with the City’s match beingcovered by “in kind” contributions.

Recommendation


8 Resolution -- Approving an Intergovernmental Lease Agreement Betweenthe City of Irving and the State of Texas, Specifically the Texas Health andHuman Services Commission (HHSC), for the Lease of 4,175 Square Feetof Office Space at the Family Advocacy Center Located at 600 WestPioneer for Use by the Texas Department of Family and ProtectiveServices


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

2. Impact: The approval of this lease agreement will ensure that services provided bythe Texas Department of Family and Protective Services will continue to beavailable at the Family Advocacy Center for families and victims of crime in the Cityof Irving.

3. The lease is effective from December 1, 2011, through November 30, 2012, with afive year renewal option under the same terms and conditions.

4. The lease is provided at no cost to the Texas Health and Human ServicesCommission due to the governmental services they provide at the Family AdvocacyCenter.

Recommendation





9 Resolution -- Approving Amendment No. 4 to the Household HazardousWaste Interlocal Agreement Between the City of Irving and Dallas Countyto Provide a Program in Which Residents Can Properly Dispose ofHousehold Chemicals


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

2. Impact: This contract provides an environmentally sound method to dispose ofhousehold hazardous wastes such as pesticides, fertilizers, etc., thus ensuring theproper disposition of these materials.

3. The City of Irving has served as a member of the Dallas County HouseholdHazardous Waste Network since 1994. Irving has been the host to fifteen chemicalcollection days.

4. The purpose of this program is to provide an opportunity for Irving residents toproperly dispose of household chemicals such as pool chemicals, pesticides,herbicides, fertilizers, auto fluids, all kinds of batteries, light bulbs, paint andhousehold cleaners.

5. This interlocal agreement will provide service from October 1, 2011, throughSeptember 30, 2012.

6. Funding in the amount of $110,000.00 is based on the history of usage inFY 2010-2011 and is available in the Municipal Drainage Utility Fund.

Recommendation


10 Resolution -- Approving an Economic Incentive Agreement Between theCity of Irving, Texas and Gateway Mortgage



2. Impact: Approval of this agreement will allow the City to gain the regionalheadquarters of Gateway Mortgage. Gateway Mortgage is one of the largestprivately held mortgage companies in the Midwest.

3. Gateway Mortgage will relocate 60 full-time jobs from Tulsa and 40 from Addison.

4. Gateway will occupy approximately 25,000 square feet at 4201 N. SH 161 for atleast 5 years. This building has been vacant.

5. The agreement requires Gateway to employ at least 90 full-time employees andmaintain a taxable value at the premises of at least $7 million for 3 consecutiveyears during the 5- year term of the agreement. The current value of the building is$4,179,930.

6. Upon compliance with these requirements, the City will pay Gateway a one-time




grant not to exceed $30,000.

Recommendation


11 Resolution -- Approving Mediated Settlement - City of Irving vs. McCreary& Associates, Inc., Byron Fose & Associates, Inc., Intertech Design, Inc.,Garry H. Gregory, Ph.D., P.E. d/b/a Gregory Geotechnical and AlanPlummer Associates, Inc. relating to the Northgate Pump Station


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

2. Impact: The proposed settlement if authorized would resolve the claims and

recover damages.3. The proposed settlement includes the recovery of current and projected expenses

to ensure the operation of the facilities.

4. Staff has been able to operate the facilities with no impact to customer serviceduring the ongoing repairs.

Recommendation


12 Resolution -- Approving Amendment No. 2 to the Interlocal CooperationAgreement Between the City of Irving and the Texas Department ofTransportation for Operation and Maintenance of Traffic Signals


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

2. Impact: City of Irving Transportation Department will perform and administer

maintenance of the traffic signals located at the intersection of IH 635 at RoyalLane.

3. TxDOT will reimburse the City of Irving $3,379.95 annually for this maintenance.

Recommendation





13 Resolution -- Approving an Interlocal Agreement Between the NorthCentral Texas Council of Governments and the City of Irving for 2011Aerial Photography


1. This item supports Strategic Goal Nos. 1: Land Use and 9: Infrastructure Network.

2. Impact: Purchasing the 2011 aerials will replace outdated 2009 information used

extensively by several city departments. Updated aerials are essential to show thelatest development on the ground to generate maps used for economicdevelopment, presentations, investigations, researching, and information purposes.

3. Funding in the amount of $7,210.46 is available in the Municipal Drainage UtilityFund.

Recommendation


Bids & Purchasing ItemsItems 14-17

14 Resolution -- Approving and Accepting the Bid of Allstate CoatingsCompany, for an Annual Contract to Supply Traffic Paint


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

2. This item has been recommended by Public Works – Transportation Department.

3. Impact: Traffic paint is used for roadway striping of city streets in order to improvemotorist safety and sustain the transportation system.

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

5. Funding in the net estimated annual amount of $58,261.50 for this one-yearcontract is available in the General Fund.

Vendor FY2011‐12

Estimated Expenditure

(Current Year)

Total Estimated Expenditure

Allstate Coatings Company $58,261.50 $58,261.50

Recommendation





15 Resolution -- Approving and Accepting the Bid of Vulcan Inc., Dba VulcanAluminum, for Aluminum Traffic Sign Blanks



2. This item has been recommended by Public Works – Transportation Department.

3. Impact: Aluminum sign blank materials are used for the fabrication of city roadway

regulatory, warning, and street name traffic signs, in order to improve motoristsafety and sustain the transportation system.

4. This award establishes an annual contract for the continuation of providingaluminum traffic blanks.

5. Funding in the net estimated amount of $51,462.50 is available in the GeneralFund.

Vendor

FY2011‐12

Estimated Expenditure

(Current Year) Total Estimated Expenditure

Vulcan Inc. dba Vulcan

Aluminum

$51,462.50 $51,462.50

Recommendation


16 Resolution -- Awarding the Software Maintenance Agreement to AztecaSystems, Inc. for Cityworks Software through the State of TexasDepartment of Information Resources (DIR) Program



2. This item has been recommended by Information Technology.

3. Impact: This software maintenance is necessary in order to receive support andupdates for the Cityworks software. Cityworks is a GIS-based asset maintenancemanagement system and is used for service requests and work orders. This is theprimary work order system for citizen requests and is used by multiple departmentsincluding Water Utilities, Streets, and Building Services.

4. This award establishes an annual contract for the continuation of providingCityworks software maintenance management.

5. Funding in the net annual amount of $10,500.00 will be available in the General




Fund and $59,500.00 in the Water and Sewer System Fund each year for thisthree-year contract.

Account No. Vendor

FY2011‐12

Expenditure

(Current Year)

FY2012‐13

Expenditure

(Future Year)

FY2013‐14

Expenditure

(Future Year)

Total

Expenditure

1001‐2310‐

551501‐100

Azteca

Systems, Inc.

$10,500.00 $10,500.00 $10,500.00 $ 31,500.00

5402‐3204‐

551501‐1050

Azteca

Systems, Inc.

$59,500.00 $59,500.00 $59,500.00 $ 178,500.00

Totals $70,000.00 $70,000.00 $70,000.00 $210,000.00

Recommendation


17 Resolution -- Renewing Annual Contract to Dell Marketing LP, forMicrosoft Enterprise Agreement through the State of Texas Department ofInformation Resources (DIR) Program



2. This item has been recommended by Information Technology.

3. Impact: The city remains in legal compliance with licensing fees for Microsoft

software products used by the city.4. This award establishes an annual contract for the continuation of providing the use

of Microsoft software applications.

5. Funding in the net annual amount of $324,728.20 for a total of $974,184.60 for thisthree-year contract will be available in the Computer Replacement Fund.

Vendor

FY2010‐11

Expenditure

(Current Year)

FY2011‐12

Expenditure

(Future Year)

FY2012‐13

Expenditure

(Future Year)

Total

Expenditure

Dell Marketing LP $324,728.20 $324,728.20 $324,728.20 $974,184.60

Recommendation


End of Bids




18 Ordinance -- Rearranging the City Council Single Member Districts inAccordance with the City of Irving Home Rule Charter Article IV, Section3(d)



2. Impact: Adopting this ordinance will rearrange the single member district lines

based on 2010 Census data and public input.3. The City Council met with its redistricting counsel, Bob Heath of Bickerstaff Heath

Delgado Acosta LLP, on September 7, 2011 to discuss changes to the district lines.

4. The City Council also held a public hearing on September 22, 2011 to receiveadditional input on the proposed district lines.

5. Maps and Census data were made available to the community via the City of Irvingwebsite; comment forms were made available at Council work sessions and online;and emails providing input were received throughout the redistricting process.

6. Upon approval of the new district lines, the proposed redistricting plan will besubmitted to the Department of Justice for preclearance and final approval.

Recommendation

The ordinance be adopted.

19 Ordinance -- First Reading - Approving a License Agreement Between theCity of Irving and the Parmenter Las Colinas Towers, L.P. a Texas LimitedPartnership, for the Purpose of Operating, Maintaining, and Improving aPedestrian Tunnel and Stair Entry Within Mandalay Drive Right-Of-WayBetween an Office Building and Parking Garage Located at 225 and 315 E.

John Carpenter Freeway


1. This item supports Strategic Goal No. 3: Economic Development and Strategic GoalNo. 9: Infrastructure Network.

2. Impact: This license agreement will accommodate improvements to an existingpedestrian tunnel connecting the Las Colinas Towers office building and parkinggarage in the Urban Center.

3. This is the first of three readings for the approval of this license agreement that willprovide for the operation, maintenance and improvement to the existing pedestrian

tunnel under Mandalay Drive connecting the office building at 225 E. JohnCarpenter Freeway with the parking garage at 315 E. John Carpenter Freeway.

4. Improvements to the stair entry are under consideration in Zoning Case ZC11-0025set for City Council consideration on this same agenda.

Recommendation





INDIVIDUAL CONSIDERATION

20 Ordinance -- Public Hearing and Consider an Ordinance Related toTaxation of Goods in Transit



2. Impact: Approval of this Ordinance will authorize the City to continue taxation ofinventory classified as “Goods-in-Transit”. The City opted out of the exemption in2007 via Ordinance 8902 when the original bill was passed.

3. The First Special Session of the 82nd Texas Legislature, which adjourned earlier thisyear, amended the language concerning inventory classified as “Goods-in-Transit”.The amended language further limits the exemption by making it applicable togoods that are stored in a public warehouse facility which is not owned by theperson who owns the goods.

3. Goods-in-Transit” Inventory is tangible personal property that:

(a) is acquired in or imported into this state to be forwarded to another location in

this state or outside of this state;

(b) is stored under a contract of bailment by a public warehouse operator at one ormore public warehouse facilities in this state that are not in any way owned orcontrolled by the owner of the personal property for the account of the person whoacquired or imported the property;

(c) is transported to another location in this state or outside this state not later than175 days after the date the person acquired the property in or imported the propertyinto this state;

(d) does not include oil, natural gas, petroleum products, aircraft, dealer’s motorvehicle inventory, dealer’s vessel and outboard motor inventory, dealer’s heavyequipment inventory, or retail manufactured housing inventory.

4. The amended law requires taxing entities to again take affirmative action to tax thisinventory before January 1, 2012. No action will automatically exempt thisinventory from taxation beginning with the 2012 tax year.

5. According to the Dallas Central Appraisal District, the total value of “Goods-in-Transit” inventory in the City is $7,487,543. This calculates to approximately$44,000 in ad valorem taxes.

Recommendation




ZONING CASES AND COMPANION ITEMS

21 Ordinance -- Zoning Case ZC11-0025 - Granting S-P-2 (Generalized SitePlan) for FWY (Freeway) Uses - Approximately 2.1 Acres Located at 315West John W. Carpenter Freeway - Parmenter Realty Partners,Applicant/Owner


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

2. Planning and Zoning Commission Hearing Date and Recommendation: September19, 2011 - Favorable 7-0 (Commissioners Fischer and La Rose, absent)

3. The applicant is requesting a zoning change to allow an awning to encroach into therequired setback and into the public right-of-way.

4. The 2008 Comprehensive Plan Future Land Use Map recommends Urban Center

District uses for this property. This request is in conformance with theComprehensive Plan.

5. The subject tract is developed with a four-story parking garage attached to the Las

Colinas Towers office building by a pedestrian tunnel under Mandalay Drive. Theapplicant proposes to construct a glass enclosure over the stairwell and apedestrian canopy from the stairwell to the parking garage as a weather cover. Theparking garage is on the required 30-foot setback, and the canopy will attach to thestairwell with a zero-foot setback from the property line. The applicant isconstructing the canopy of metal that must be only one non-metallic, non-reflectivecolor. The applicant is matching the color to blue shade structures on Las Colinas

Tower across Mandalay Drive. The canopy will provide an extra amenity for tenantsof the office tower.

6. Mandalay Drive was originally constructed as a private street. In 2001 it was

dedicated as a city street as part of the Mandalay Drive right-of-way plat. Thepedestrian tunnel was indicated on the plat as a pedestrian crossing, but thestairwell located in the existing right-of-way and on the garage tract was not shown.The applicant is also submitting a license application for the right to install andmaintain the structures in the city right-of-way. The license is scheduled for CityCouncil authorization in conjunction with this case on the same Council agenda.

7. Public notices were mailed to 256 adjacent property owners, with five (5) lettersreceived in support and one (1) in opposition. The opposition represents 0.06% ofthe property within two-hundred (200) feet.

Recommendation

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




APPOINTMENTS AND REPORTS

22 Resolution -- Appointments to the Dallas County Utility and ReclamationDistrict to Fill Three Four-Year Terms Expiring October 2015



2. Impact: This board assures that the canals and lakes in the Las Colinas Urban areaare maintained and flooding does not occur.

3. DCURD General Manager Jacky Knox has submitted a letter requesting thereappointment of Danny Opitz, Steve Bonner, and Jeff Courtwright to serve four-year terms expiring October 2015.

Recommendation


23 Mayor’s Report

24 Adjournment

Documents

IrvingCC Agenda 2011-10-06