IrvingCC Agenda 2010-04-01

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, APRIL 1, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS
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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, MARCH 31, 2010 -- 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

Imam Zia, Islamic Center of Irving


Pledge Of Allegiance

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 21

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


THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

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

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

City Council Agenda 04/1/2010 1


CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update

CONSENT AGENDA
2. Approving the Minutes for Wednesday, March 3, 2010

3. Approving the Minutes for Thursday, March 4, 2010

4 Resolution -- Authorizing Destruction of Obsolete Records in Accordance


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 legal retention
has been met. This assures that all record destruction is in compliance with the
Records Management Plan.
3. Destruction is requested for 735.16 cubic feet of records for Police ISB, Municipal
Court, Customer Service, Planning & Inspections, Water Utilities and Tax.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 2


5 Resolution -- Approving the Renewal of the Engineering Services
Agreement with Haston Associates for the Annual Compliance Monitoring
at the Hunter Ferrell Landfill for a Period of One Year
Administrative Comments
1. This item supports Strategic Goal No. 10: Environmentally Sustainable Community.
2. Impact: This contract will ensure that sampling, testing and reporting services are
performed in compliance with TCEQ requirements.
3. Each year, a number of sampling, testing, and reporting services must be done in
order for the landfill operations to maintain compliance with the permit requirements
and as mandated by state and federal regulations. A consultant best provides
these services through the use of their field and laboratory services and their
experience.
4. Haston Associates has been performing the annual compliance activities for the
groundwater, storm water, and air and gas monitoring at the Hunter Ferrell Landfill
since 2004. This contract also provides an electrical resistivity survey and remedial
planning and testing of gas systems, if needed, and analysis of the landfill leachate.
5. Haston Associates has extensive familiarity with the landfill, is highly capable of
providing the needed services, and has performed satisfactorily throughout the past
years performing these services.
6. This is the first of five renewals available.
7. Funding in the amount of $197,022.65 is available in the Solid Waste Services
Enterprise Fund.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 3


6 Resolution -- Change Order No. 2 to Terracon Consultants, Inc., for
Construction Materials Testing and Observation Services for the Irving
Convention Center Project
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: This contract will impact the City of Irving residents by providing additional
testing services for the construction materials for the Irving Convention Center,
assuring operational efficiencies and user safety, and protecting the city’s long-term
investment in this facility.
3. The Beck Group, the City’s Owner’s Representative for the project, has reviewed
the request and support documentation submitted by Terracon and, understanding
Terracon works on an as needed basis, concurs with the request.
4. In July 2009 Terracon notified Beck that based upon the amount billed to date they
anticipated exceeding the original project budget. Terracon then proceeded to
reevaluate the budget and, based upon the remaining testing and observations
anticipated to complete the project, estimated an additional $18,250.50 would be
needed for a final cost of $190,885.50. Change Order No. 1 recently approved via
Administrative Award No. 2804 in the amount of $24,150.00 brings the total amount
of the purchase order to $215,035.50. The owner’s contingency balance will be at
$1,046,760.00 when all change order adjustments to date have been approved.
5. While Terracon’s annual contract has expired, Terracon will perform the additional
services at the original contract prices.
6. Funding in the amount of $18,250.50 is available in the Convention Center
Construction Bond Fund.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 4


7 Resolution -- Approving Change Order No. 4 to the Construction
Management at Risk (CMAR) Contract Between Austin Commercial, L.P.,
and the City of Irving, Texas, for the Irving Convention Center
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: The project plan for the convention center has maintained line items for
both contractor and owner contingencies. There is a constant evaluation and re-
evaluation process of key elements throughout the project; as savings can be
implemented they are, and as project enhancements are needed for operational
improvements, those are implemented as well. This impacts the building’s operating
efficiency, as well as satisfies user requirements.
3. The Beck Group, the City’s Owner’s Representative for the project, has reviewed
this proposed change order and is recommending approval by the City. It is
anticipated that there will be additional change orders to the agreement prior to the
project’s completion, and that the net impact of all of these will remain within the
overall project budget.
4. The scope of work of this change order includes the following deductions: PC 63 –
install standard manufacturer provided fabric on operable partitions in the 4th floor
ballroom instead of custom fabric - ($14,399.00); PC 77 – use conventional HVAC
controls - ($57,058.00); PC 78 – delete roof rigging sleeves from the project -
($31,825.00); and PC 108 – reduce the number of dimming controls for lighting in
the exhibition hall from 108 to 20 points - ($25,532.00). Total deductions:
($128,814.00.)
5. The scope of work of this change order includes the following additions: PC 69 –
modify concrete to accommodate scuppers, transition membrane, and lockers -
$8,583.00; PC 74 – add Unistrut metal framing system to exhibition hall ceiling for
better mounting of lights, speakers, cameras, etc - $88,088.00; PC 76 – make
flashing and sheathing revisions per roofing consultant’s recommendations -
$1,001.00; PC 81 – add copper paneling to cover the garage elevator equipment -
$10,185.00; PC 91 – enclose exposed steel columns with CMU or drywall at
elevators 3 and 4 - $5,691.00; PC 92 – make modifications to HVAC valves and
controls - $6,361.00; PC 99 – install bypass value at cooling tower for equipment
protection - $35,574.00; PC 100 – make revisions to A/V design to complete the
fiber optic backbone of the building network - $70,305.00; and PC 104 – revise steel
truss connections per structural engineer’s recommendation - $1,530.00. Total
additions: $227,318.00.
6. These revisions will add a net total of $98,504.00 to the contract GMP (guaranteed
maximum price). This is within the project budget owner’s contingency and the
overall project budget will not be exceeded. As a result of this change order, the
owner’s contingency balance will be $1,046,760.00. The contractor’s contingency
balance remains at $1,914,145.00. (The contingency balances include all change
order adjustments to date being approved.)
7. Funding in the amount of $98,504.00 is available in the Convention Center
Construction Bond Fund.

City Council Agenda 04/01/2010 5


Recommendation
The resolution be approved.

8 Resolution -- Authorizing the Budget Transfer of Community Development


Block Grant Funds from Fiscal Year 2007-08, Fiscal Year 2008-09, and
Fiscal Year 2009-10.
Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: These grant fund transfers will allow for the continuation of programs and
services to meet the community development needs of Irving’s low wealth
residents.
3. Grant funds from prior years were set aside in the Community Development Block
Grant for Down Payment Assistance and Public Facilities. This transfer will
reallocate $642,393.00 of those funds to the Home Restoration Program. Funds are
needed in the Home Restoration program, due to an increase in resident need,
increased Code Department referrals and an uptick in construction services costs.
4. Grant fund transfers are also being requested to pay current year Housing and
Human Services Department lease costs, lease termination fees, and
miscellaneous moving expenses. The relocation of the Housing and Human
Services Department to a city facility, is expected to save approximately $91,200.00
annually in rent and/or maintenance expenses.
5. Grant funds were allocated to a public improvement project within a CDBG eligible
census tract as a part of the 2009 Housing and Human Services Department Action
Plan. This transfer updates the budget to reflect this action and is funded out of
prior grant year funds.
6. Funds transfers total $833,593.00 and are reflected in the chart below:
Fiscal
Year From To Amount
2007‐2008 Down Payment Assistance HHS Home Restoration $ 150,000.00
2007‐2008 Down Payment Assistance IHFC Home Restoration $ 150,000.00
2008‐2009 Down Payment HHS Home Restoration $    42,393.00
2009‐2010 Public Facilities Rehab Administration $    91,200.00
2009‐2010 Public Facilities Public Improvements $ 100,000.00
2009‐2010 Public Facilities Home Restoration $ 300,000.00
6. The Housing and Human Services Board endorsed these allocations at its March
24, 2010 meeting.
7. Funding in the amount of $833,593.00 is available in the Community Development
Block Grant Fund.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 6


9 Resolution -- Approving Allocation of Funds Related to the Implosion of
Texas Stadium Event to Area Social Services Agencies
Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: Funds allocated to area social service agencies will leverage funds
available to agencies to serve Irving low and moderate income families and children
in need.
3. As part of the events surrounding the implosion of Texas Stadium, Kraft Foods
donated $75,000.00 in funds to the City of Irving, to be allocated to Irving residents
in need. Kraft is also donating food to area food banks, in an equivalent amount.
Additional funds may be made available, pending the availability of net proceeds
from the event, and will be made available to the listed area social services
agencies in the percentage allocation established by this award.
4. Area social services agencies were selected to receive funds based on the agency
having a children and/or family oriented mission, having the ability to contract with
the City of Irving for services, having the ability to provide the service and submit
performance data to the City of Irving, and being primarily Irving based social
services agencies.
5. The Council Communications Committee approved the agencies to whom the funds
will be awarded and the amounts for which the agencies are proposed to receive at
its March 24, 2010 meeting.
5. Upon Council approval and event revenue reconciliation, service agreements will be
executed between the city and the agencies receiving funds.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 7


Bids & Purchasing Items
10-14

10 Resolution -- Approve Purchase from Beck Disaster Recovery. Inc., for


Development of a Citywide Continuity of Operations Plan, through the
Houston-Galveston Area Council of Governments (H-GAC) Interlocal
Cooperative Purchasing Program
Administrative Comments
1. This item supports Strategic Goals No. 4: Safe and Secure City, and No. 8: Sound
Governance.
2. This item has been recommended by Police–Office of Emergency Management.
3. Impact: A Continuity of Operations Plan provides the City with a comprehensive
ability to continue business operations in disaster situations when facilities, staff
and/or communications have been impacted.
4. The entire cost of developing this program and the associated deliverables will be
paid from Homeland Security grant funds.
5. Funding in the net amount of $105,933.00 is available in the FY2008 Urban Area
Security Initiative Grant Fund.
Recommendation
The resolution be approved.

11 Resolution -- Approving and Accepting the Bid of Butler Animal Health


Supply, LLC, dba Butler Schein Animal Health Supply, for Veterinarian
Vaccines, Medicines, and Related Supplies
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item has been recommended by Intergovernmental Services – Animal
Services.
3. Impact: These supplies allow Irving Animal Services to vaccinate and treat animals
at the Irving Animal Care Complex, allowing staff to maintain a healthy companion
animal population.
4. This award establishes an annual contract for the continuation of providing
veterinarian vaccines, medicines, and related supplies.
5. Funding in the net estimated amount of $55,000.00 for the period of April 1, 2010,
through September 30, 2010, and in the net estimated amount of $99,362.50 for the
period of October 1, 2010, through March 31, 2011, is available in the General
Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 8


12 Resolution -- Awarding an Agreement to Dell Marketing LP, for Microsoft
Enterprise Agreement through the State of Texas Department of
Information Resources (DIR) Program; and Repealing Resolution 2008-336
to the Extent that it Conflicts with This Award
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
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 agreement with a new third-party
contractor to receive licensing funds on behalf of Microsoft.
5. Resolution 2008-336 awarded third-payment payment to SHI Government
Solutions, Inc. SHI has been replaced on the state of Texas Department of
Information Resources (DIR) contract by Dell Marketing LP. The DIR contract is the
basis on which the City pays for use of Microsoft software in the Microsoft
Exchange program. Staff is requesting that the remaining portion of the previous
award to SHI be repealed as part of this new award.
6. This agreement is for one year, and a new three-year agreement will be presented
prior to April 1, 2011.
7. Funding in the net estimated amount of $709,281.32 for the period of April 1, 2010,
through September 30, 2010, is available in the Computer Replacement Fund. No
expenditures are projected to be made in FY10-11.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 9


13 Resolution -- Renewing Annual Contract with Lone Star Auctioneers, Inc.,
for Auctioneer Services
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item has been recommended by IGS - Purchasing.
3. Impact: The City continues to secure revenue through the disposal of unclaimed,
impounded vehicles through monthly auctions and the disposal of surplus City
vehicles and equipment. Auctioneer will be paid a fixed percentage of the revenues
generated by the various disposal auctions.
4. This renewal establishes the continuation of an annual contract to provide
auctioneer services for retired fleet and equipment, impounded vehicles and
miscellaneous warehouse items.
5. Minority- and/or Woman-owned Business Enterprises (M/WBE) participation on this
award is 100%
6. Through the first five months of FY09-10, the auction sale of impounded vehicles
accounted for $120,000.00 in revenue.
7. Funding in the net estimated amount of $21,600.00 for the period of April 1, 2010,
through September 30, 2010, and in the net estimated amount of $21,600.00 for the
period of October 1, 2010, through March 31, 2011, is available in the General
Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 10


14 Resolution -- Renewing the Annual Contract with Herco Equipment, Inc.,
for Motor Vehicle Hydraulic Parts and Repair Service
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item has been recommended by Intergovernmental Services – Fleet.
3. Impact: Hydraulics on the City’s heavy equipment, such as fire engines and
sanitation trucks, will continue to be repaired and maintained with minimum
downtime, keeping service levels high. Outsourcing this function is less expensive
than hiring a heavy equipment mechanic, buying necessary tools and equipment,
and finding enough work to keep e mechanic fully occupied.
4. This renewal establishes the continuation of an annual contract to provide motor
vehicle hydraulic parts and repair service. The original contract was awarded on
the basis of competitive bids.
5. Funding in the net estimated amount of $17,500.00 for the period of July 1, 2010,
through September 30, 2010; in the net estimated amount of $70,000.00 for the
period of October 1, 2010, through September 30, 2011, and in the net estimated
amount of $52,500.00 for the period of October 1, 2011, through June 30, 2012, is
available in the Garage Fund, subject to funds being appropriated in Fiscal Years
2010-11 and 2011-12.
Recommendation
The resolution be approved.
End of Bids

15 Ordinance -- Authorizing the Partial Abandonment of a 15-Foot Public


Utility Easement on Lots 20-33, Block A, La Palazzi Addition Located on
Love Drive
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: The abandonment of the public utility easement will allow the property
owners to build larger houses on the lots.
3. The portion to be abandoned varies in width from one 1.0’ to 2.22’.
4. The requirements of the City of Irving have been satisfied and there are no
objections to the request.
Recommendation
The ordinance be adopted.

City Council Agenda 04/01/2010 11


ZONING CASES AND COMPANION ITEMS
16 Ordinance -- Zoning Case #ZC10-0006 - Granting C-N (Neighborhood
Commercial) Uses - Approximately 5.89 Acres Located on the Southeast
Corner of Belt Line Road and Cabell Road - Winkelmann & Associates,
Applicant - Freedom Center DFW, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: March 15,
2010 – Approval, 7-0 (Commissioners LaRose and Tannehill, absent).
3. The applicant is requesting rezoning to allow office, retail and restaurant uses. The
Comprehensive Plan’s Future Land Use Map recommends Office/Technology uses
for this property. The request is in conformance with the Comprehensive Plan.
4. The property is composed of two separate tracts that are undeveloped. “Tract A” is
a 2.97 acre unplatted tract on the southwest corner of the subject property. “Tract
B” (Lot 1, Block A, Freedom Center DFW Addition) consists of 2.92 acres at the
southeast corner of Belt Line Road and Cabell Road. The remainder of the site
owned by Freedom Center DFW is currently zoned R-40 (Single Family) and is not
part of this zoning case.
5. Public notices were sent to eight (8) property owners, with no responses in favor or
opposition.

Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

City Council Agenda 04/01/2010 12


17 Ordinance -- Zoning Case #ZC10-0007 - Granting S-P-2 (Generalized Site
Plan) for C-P (Commercial Park) Uses - Approximately 5.44 Acres Located
at 4960 Hanson Drive - W. F. Carter Construction, Inc., Applicant - Mica
Corporation, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: March 15,
2010 – Approval, 7-0 (Commissioners LaRose and Tannehill, absent).
3. The applicant is requesting to rezone vacant property for exceptions to the
maximum percentage for outside storage and the parking ratio requirements for
warehouse parking.

4. The property is currently vacant. The applicant is proposing to rezone the property
in order to develop it with a new facility for a contractor that installs and erects
highway signage, lighting, signals and guardrails, and provides various other “Smart
Highway” technologies.
5. The existing S-P-2 (Generalized Site Plan) for C-P (Commercial Park) zoning on
the property was originally for a 15.61 acre tract and contained a note which limited
the amount of square footage for buildings, parking and the type of landscaping to
be provided. The current owner purchased 5.44 acres of the property and during
the process of platting, staff determined that the existing S-P-2 for C-P zoning on
the property would prohibit the construction of any additional buildings and parking.
The only use allowed by the current zoning of the property is outside storage.
Additionally, the existing zoning mandates landscaping materials that are outdated
under the City’s current standards.
6. The applicant is requesting the following exceptions: 1) The maximum lot coverage
for outside storage shall be 60% and must be screened with an 8 foot tall blind
fence; and 2) Warehouse use requires 1 space for each 1,000 sq. ft. of floor area; 1
space per 2,000 sq. ft. proposed.
7. The applicant has added a note stating that landscaping and building materials shall
meet the current ordinance requirements.
8. Public notice was sent to ten (10) property owners. No responses were received in
favor or opposition.

Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

City Council Agenda 04/01/2010 13


APPOINTMENTS AND REPORTS
18 Resolution -- Establishment and the Appointment of Convention Center
Community Opening Events Task Force
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development and Goal 6:
Effective Communication.
2. Impact: This committee’s work with the ICVB Board of Directors will assure
community outreach relative to the opening of the convention center, by extending
the resources of the ICVB Board and staff during this time.
3. Working with the ICVB Board of Directors, specifically assigned to the Board’s
Community Relations Committee, this Task Force will focus on the following:
Convention Center Community Outreach, Community-Oriented Grand Opening
Events and Volunteer Opportunities.
4. The task force will consist of no more than nine former ICVB Board Members, each
of whom specifically had been associated with the convention center project since
its inception in 1999.
5. The term for this Task Force begins June 1, 2010, and will conclude no later than
March 31, 2011.
Recommendation
The resolution be approved.

19 Resolution -- Appointments to Boards, Commissions, and Committees, to


Fill Various Unexpired Terms for the Following: Convention and Visitors
Bureau, Housing and Human Services Board, and Youth Council
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 positions for consideration are:
• ICVB, Place 5
• ICVB, Place 10 - Voting hotelier
• Housing & Human Services Board, Place 7
• Youth Council, Place 6
Recommendation
The resolution be approved.

City Council Agenda 04/01/2010 14


20 Mayor’s Report

21 Adjournment

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

CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the Kiosk at the City Hall of the City of Irving, Texas,
a place convenient and readily accessible to the general public at all times, and said Notice was posted by the following date and time:
Friday, March 26, 2010 at 5:00 p.m., and remained so posted at least 72 hours before said meeting convened.

_____________________________________________ ___________________________
Shanae Jennings, Acting City Secretary Date Notice Removed

City Council Agenda 04/01/2010 15

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