AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, FEBRUARY 17, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS
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11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, FEBRUARY 16, 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 Chris Carathers, Irving North Christian Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 18

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 02/17/2011 1

 CITY COUNCIL AGENDA
1 City Operations Update

CONSENT AGENDA
2 Approving Work Session Minutes for Wednesday, February 2, 2011

3 Approving Regular Meeting Minutes for Thursday, February 3, 2011

4 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 performed the annual compliance activities for the
groundwater, storm water, and air and gas monitoring at the Hunter Ferrell Landfill.
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 second 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 02/17/2011 2

5 Resolution -- Approving Amendments to the Group Health Benefit Plan for
Employees and Retirees of the City of Irving and Authorizing the Mayor to
Execute Any Necessary Documents Related to the Amendment
Administrative Comments
1. This item supports Strategic Goal No. 8 Sound Governance
2. Impact: Approval of this amendment to the health plan document incorporates
service and fitness incentives as methods of reducing retiree premium costs and
mitigating future retiree health insurance costs to the City.
3. Employees who retire on or after January 1, 2011 will receive fixed premium credits
based on their City of Irving continuous service and earn fitness premium incentive
credit based on their physical fitness or biometrics and wellness scores.
Recommendation
The resolution be approved.

6 Resolution -- Approving an Addendum to the Agreement for Legal

Services with Bickerstaff Heath Delgado Acosta LLP
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: This addendum will allow the City to engage the Bickerstaff Heath law firm
for the 2011 redistricting and to continue the engagement of the firm in a number of
other critical areas, including water development and voting rights.
3. This addendum also adopts a rate schedule for redistricting services and a revised
schedule for other services.
4. Funding in the amount of $50,000.00 is available in the General Fund.
Recommendation
The resolution be approved.

City Council Agenda 02/17/2011 3

7 Resolution -- Approving a Discretionary Service Agreement Between the
City of Irving and Oncor Electric Delivery Company, LLC, for the
Undergrounding of Aerial Electric Facilities for the O’Connor Road
Improvement Project
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: It is necessary to relocate the aerial facilities to construct the O’Connor
Road improvement project. This work will consolidate all utility poles on the west
side of O’Connor Road and place all crossings underground.
3. This complies with ongoing efforts to underground utilities and will provide for a
more reliable power source in inclement weather.
4. Funding in the amount of $59,812.04 is available in the Street Improvement Bond
Fund.
Recommendation
The resolution be approved.

8 Resolution -- Awarding a Contract to Muniz Construction, Inc., for the

Water Meter Vault Reconstruction, Section II Project
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This project will remove and replace twenty-seven (27) commercial water
meter vaults that no longer have proper replacement parts available. The new
meters are more accurate than the replaced meters even at the time of their
installation.
3. The existing meters cannot be properly tested for accuracy which could result in a
loss of revenue.
4. Muniz Construction, Inc., submitted the lowest and best base bid of $1,520,725.00.
An additional $15,275.00 is required for testing, bringing the total cost of the project
to $1,536,000.00. This is $339,935.00 (18%) below the Engineer’s estimate.
5. Funding in the amount of $1,536,000.00 is available in the Water Improvement
Bond Fund.
Recommendation
The resolution be approved.

City Council Agenda 02/17/2011 4

9 Resolution -- Approving the Purchase from CCS Presentation Systems for
Various Technology Items for the West Irving Library through the State of
Texas Local Government Statewide Cooperative Purchasing Program
Administered by the Texas Association of School Boards (The BuyBoard
Program)
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. This item has been recommended by Capital Improvement Program Team and
approved by the Parks and Library Services Team.
3. Impact: This award provides a portion of the technology related items for the newly
constructed 25,000 square foot West Irving Library. The technology purchased
through this item will help make the West Irving Library one of the most
technologically advanced libraries in the state.
4. Some items in this award are touch screens with projector, computer surface tables,
interactive LCD display screens, and a plasma television for display of information.
5. Funding in the amount of $69,483.45 is available in the Library Bond Fund. These
items are funded through previously approved bonds.
Recommendation
The resolution be approved.

10 Resolution -- Approving the Purchase from Library Interiors of Texas, LLC,

for End Panels for Bookshelves for the West Irving Library through the
State of Texas Local Government Statewide Cooperative Purchasing
Program Administered by the Texas Association of School Boards (The
BuyBoard Program)
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. This item has been recommended by the Capital Improvement Program Team and
approved by the Parks and Library Services Team.
3. Impact: This award provides for a portion of the assorted furnishings for the newly
constructed 25,000 square foot West Irving Library.
4. The items in this award are custom end panels for library bookshelves.
5. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on this
award is 100%.

City Council Agenda 02/17/2011 5

 6. Funding in the amount of $55,393.64 is available in the Library Bond Fund. These
items are funded through previously approved bonds.

Vendor FY2010-11 Award Total Award

(Current Y) (Current FY)
Library Interiors of Texas, LLC $55,393.64 $55,393.64
Recommendation
The resolution be approved.

11 Resolution -- Approving Change Order No. 5 to the Agreement Between

the City of Irving/Irving Convention and Visitors Bureau and RMJM Hillier
Group, Inc. (Formerly the Hillier Group Architecture New Jersey, Inc.), to
Serve as the Architect 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 contract impacts the City of Irving residents through the completion of
the Irving Convention Center at Las Colinas which will generate additional visitor
spending in Irving.
3. The Beck Group, the City’s Owner’s Representative for the project, has reviewed
the proposal submitted by RMJM Hillier and is recommending it for approval by the
City.
4. The proposal is for additional Construction Administration/Close-Out Services:
original planned construction completion date was October 31, 2010 and the actual
substantial completion date was January 21, 2011. The original planned Close-Out
Activity was planned to occur during November & December 2010 and the current
Close-Out Activity is now scheduled for February 2011. Examples of recent
services that have contributed to the need for these additional costs are rendering
studies of the south face of the garage to add copper trim, revised color for garage
panels, added fence around security court, and added electrical outlets for the
Owner’s network system and for concession areas.
5. Change Order No. 5 increases the amount of the Architectural/Engineering Fee for
the Master Agreement with RMJM Hillier Group, Inc. by $49,330.00. This is within
the Project Owner’s Contingency in the budget and, therefore, does not impact the
overall project budget. The owner’s contingency balance will be $880,570.00 as a
result of this change order; the contractor’s contingency is at $837,783.00.
6. Funding in the amount of $49,330.00 is available in the Convention Center Complex
Fund.
Recommendation
The resolution be approved.

City Council Agenda 02/17/2011 6

12 Resolution -- Approving Application to the Texas Department of Housing
and Community Affairs for the 2011 Community Services Block Grant
Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: This grant will leverage existing Department of Housing and Human
Services (HHS) funds to provide employment-related services to Irving’s low and
moderate income residents, such as access to GED classes, employment training,
and child care.
3. The Texas Department of Housing and Community Affairs (TDHCA) is requesting
applications for the Community Services Block Grant (CSBG) by February 22,
2011. The City of Irving application will be submitted under the Innovative Programs
category which has a maximum grant allocation of $125,000.00.
4. The grant application does not require matching funds, and funds will be awarded
for programs effective from July 1, 2011, to June 30, 2012. Award notifications are
scheduled to be made on May 5, 2011.
5. Applications for CSBG funds are limited to services which assist low income
residents and are subject to the eligibility criteria of TDHCA and the U.S.
Department of Health and Human Services.
6. The City of Irving application will request funding for the creation of a program to
assist with the removal of barriers to employment faced by near homeless
residents. This program will offer services such as GED classes, child care, and
training which will complement the HHS Back on Track program. The City of Irving
will collaborate with community resources to provide these services. This grant
application is part of a continual process of investigating ways to leverage and
supplement Federal grant funds to provide services to Irving residents.
7. The Housing and Human Services Board was briefed on this application at its
February 16, 2011, meeting.
Recommendation
The resolution be approved.

City Council Agenda 02/17/2011 7

 Bids & Purchasing Items
Item 13

13 Resolution -- Approving the Renewal of an Interlocal Agreement with the

City of Dallas to Receive BioTel Systems Services for the City of Irving Fire
Department
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. This item has been recommended by Fire.
3. Impact: This service provides medical assistance that extends beyond what
emergency personnel are authorized to perform under standing orders and helps to
enhance EMS system capabilities.
4. This item establishes the renewal of an annual contract for the Interlocal Agreement
with the City of Dallas to receive BioTel Systems Services.
5. Funding in the net annual amount of $92,920.00 or a total of $185,840.00 for this
two-year contract will be available in the General Fund.

FY2011-12
FY2010-11 Est. Exp.
Est. Exp. (Future FY- budget not yet
(Current FY) approved) Total Exp.
Vendor Oct-Sep Oct-Sep For 2 years
City of Dallas/Parkland
Health & Hospital System
(Interlocal Agreement) $92,920.00 $92,920.00 $185,840.00

Recommendation
The resolution be approved.

End of Bids

City Council Agenda 02/17/2011 8

14 Ordinance -- Final Reading – Renewal of a Non-Exclusive License to Sprint
Communications Company L.P., for a Fiber Optic Transmission System in
the City of Irving
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: This agreement allows Sprint to use city rights-of way for the continuation
of service via their fiber optic transmission system and for the city to receive
compensation for this usage of rights-of-way.
3. The agreement renews a previous 10-year agreement with Sprint for access to city
rights-of-way.
4. Sprint has approximately 2000 feet of line in Irving.
5. The fiber optic network supports Sprint’s wireless network and future technology
initiatives.
6. The City has enhanced the agreement to account and protect against changes in
law and technology.
Recommendation
The ordinance be adopted.

City Council Agenda 02/17/2011 9

 ZONING CASES AND COMPANION ITEMS
15 Ordinance -- Amending the Comprehensive Plan to Change the
Recommended Land Use from Retail to Light Commercial and Granting S-
P-2 (Generalized Site Plan) for Retail and Mini-Warehouse with Caretaker's
Quarters Uses in Zoning Case #ZC10-0050 - Approximately 7.2 Acres
Located on the Southwest Corner of State Highway 161 and Walnut Hill
Lane - Assured Group, Applicant - Don Valk, Owner (Postponed from
February 3, 2011)
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: January 3,
2011 – Favorable, 5-2 (Commissioners Fischer, Zapanta, nay; Commissioners
Allen, Palmer, absent), with the stipulation that all required trees on Walnut Hill be
included in Phase 1, and that no Certificate of Occupancy be granted for a Phase 1
mini-storage building until the Phase 1 retail is constructed.

3. The applicant is requesting a Comprehensive Plan Amendment and zoning change

to allow retail and mini-warehouse uses.

4. The Comprehensive Plan’s Future Land Use Map recommends Retail uses for this
property. This request is not in conformance with the Comprehensive Plan. The
applicant has provided a request to revise the land use to allow Commercial uses to
allow mini-warehouse uses. The applicant has not provided justification why mini-
warehouse uses are appropriate for this area; rather, the applicant simply states why
they believe retail has a limited viability at this location.

5. The subject tract is currently undeveloped. It is bounded on three sides by Walnut

Hill Lane, Northstar Drive, and State Highway 161. The property is adjacent to an
existing office development to the south. The property is within the Airport/State
Highway 161 Overlay District. The applicant is proposing a Generalized Site Plan for
C-N Neighborhood Commercial uses with the additional use of mini-warehouse with
a caretaker’s quarters. The applicant was asked to provide a concept plan with
landscaping and elevations.

6. The applicant is proposing 73,900 sq. ft. of mini-warehouse space in nine buildings,
with an office and caretaker’s quarters. An additional 24,200 sq. ft. of retail space is
proposed, fronting on Walnut Hill and SH 161 that will allow retail, restaurant, or
office uses. This retail area was provided at the recommendation of staff to create a
more mixed-use development. However, only 6000 sq. ft. of retail is shown in Phase
1, and there is no guarantee that Phase 2 will ever be built.

7. The applicant was asked to provide an example of a development of theirs that

included at least 15,000 square feet of retail as a component of the project, as this
request does. The applicant was unable to provide evidence of a similar retail and
mini-warehouse development among the 21 Dallas/Fort Worth area locations the
applicant operates. Staff believes that this amount of retail will be not be completed
by the applicant, and the project will remain simply a mini-warehouse development.

City Council Agenda 02/17/2011 10

 8. The applicant is providing 15 spaces for the mini-warehouse for Phase I or one
space per 4900 sq. ft. This has been an acceptable ratio of parking provided for self-
storage uses previously. The applicant is also providing 122 spaces for retail uses.
37 of those spaces are proposed in Phase 1; 85 of those spaces will not be included
until Phase 2 is developed.

9. The applicant must comply with the City’s landscaping ordinances for property
fronting on State Highway 161 and Walnut Hill. Phase 1 landscaping will consist of
all required landscaping along the SH 161 frontage and the corner of SH 161 and
Walnut Hill. The applicant is proposing planting the required trees in the interior
parkway on Walnut Hill for Phase 1. Required screening shrubs for parking on
Walnut Hill will be provided at the time of Phase 2 development.

10. The applicant also must comply with the Airport/State Highway 161 Overlay district
requirements for building materials. Elevations provided show architecture with two
masonry materials and building articulation that complies with the overlay district.

11. The applicant has been asked to provide a right turn lane from east-bound Walnut
Hill onto the 161 frontage road as part of the access to the site on the east side.
The property was platted in 2007 and a right turn lane was not required at that
time. The State of Texas may require a traffic impact analysis as part of this
development, due to the fact that the new proposed driveway operation on SH 161
will change by the additional traffic generated by this proposed development. It is
possible that the new traffic generated by this development will exceed the
driveway volume threshold that will require this developer to dedicate and
construct a right-turn lane. However, this is a TxDOT requirement, and staff has
provided this information to the applicant for his reference. The applicant is not
including a right turn lane as part of this proposal.

12. Staff cannot support mini-warehouse uses as a component of the development at

this location. Staff believes office and retail uses are more appropriate for this
major intersection, as indicated by the Comprehensive Plan. It is important to note
that the site plan is divided into two phases. Only one retail building is included in
Phase 1. The majority of the retail area is included in Phase 2, and with no time
table for the complete retail development, it is possible that Phase 2 may never be
built. Staff cannot support mini-warehouse uses at a major intersection and
gateway on SH 161, or as a compatible land use adjacent to office uses and any
future highway development.

13. The stipulation of the Planning and Zoning Commission has been met.

14. Notices were mailed to thirty-eight (38) property owners within 200 feet of the
subject property, with no letters received in support, one letter of inquiry and two
(2) notices received in opposition. The opposition represents 24.8% of the property
within 200 feet. A ¾ vote of the City Council is required to approve this request.

15. This item was postponed from February 3, 2011 per the applicant’s request.
Recommendation
The request be denied.

City Council Agenda 02/17/2011 11

16 Ordinance -- Zoning Case #ZC10-0055 - Granting S-P-1 (Detailed Site Plan)
for Car Lube and Coin Operated Car Wash Uses - Approximately 1.4 Acres
Located at 1880 and 1888 Esters Road - Five Nine Seven, L.P.,
Applicant/Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: January
17, 2011 – Favorable 7-0 (Commissioners Webb and Gregory absent).
3. The applicant is requesting to rezone the property for an addition to the existing oil
change and lube center.
4. The property is currently zoned S-P-1 for Car Lube Center and Coin Operated Car
Wash, and developed with a coin operated car wash and a “lube center” for oil
changes and minor auto repairs. The applicant is seeking to add an additional 540
square feet to the lube center. Because the proposed addition is not shown on the
previously approved detailed site plan, a zoning change is required.
5. The property is on two adjoining lots with a mutual access easement. The applicant
will be required to abandon a portion of the easement and replat the property prior
to the issuance of a building permit.
6. Staff can support this request for rezoning since it does not change the uses
currently occurring on the property today and does not significantly increase traffic
to the site or on adjacent roads.
7. Public notices were sent to ten (10) property owners, with one (1) comment form
received with no indication of support or opposition, and none in support or
opposition.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

APPOINTMENTS AND REPORTS

17 Mayor’s Report

18 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.

City Council Agenda 02/17/2011 12