Final Agenda Meeting of the Irving City Council Thursday, September

8/14/2019 Final Agenda Meeting of the Irving City Council Thursday, September

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, SEPTEMBER 24, 2009

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS~

11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, SEPTEMBER 23, 2009 -- FIRST FLOOR CITY COUNCILCONFERENCE 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 CouncilChamber Conference Room, Civic CenterComplex

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

Invocation

Reverend Deborah R. Jones, First Christian Church IrvingPledge Of Allegiance

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 36

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


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CITY COUNCIL AGENDA

1 City Managers Strategic Plan Update

Project Status Report- September

2 Ordinance -- Public Hearing and Adoption of the 2009-10 City of IrvingFiscal Year Budget

Administrative Comments

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

2. Impact: The 2009-10 budget has been prepared pursuant to discussion withCouncil and submitted for adoption.

3. Public Hearings were held on May 28, June 25, September 3, and on this date toallow for citizen input.

4. Public Input on the 2009-10 budget should be taken under advisement.

Recommendation

The ordinance be adopted.

3 Ordinance -- Setting the 2009 Tax Rate and Levying the Tax As Requiredby the State of Texas Property Tax Code



2. Impact: The adoption of this tax rate represents the same or a reduction in taxespaid by Irving property owners, while assuring that a high level of services are

maintained.3. The Texas Property Tax Code requires adoption of the tax rate in its two

components, operations & maintenance and debt service. An ordinance has beenprepared reflecting the following rates for adoption by City Council:

General Fund O&M .3813


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4 Ordinance -- Adopting the 2009 City of Irving Tax Roll As Required by theState of Texas Property Tax Code



2. Impact: Adoption of the Appraisal Roll with the calculation of tax imposed on eachproperty becomes the City's Tax Roll for collection of this years taxes.

3. The Tax Assessor has calculated and determined the tax imposed on each piece ofproperty included on the appraisal roll for the City of Irving pursuant to Section26.09 of the Texas Property Tax Code and has submitted it to the City Council forapproval.

Recommendation


CONSENT AGENDA(Items 5 33)

5 Approving Minutes for Wednesday, September 2, 2009

6 Approving Minutes for Wednesday, September 2, 2009

7 Approving Minutes for Thursday, September 3, 2009


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9 Resolution -- Authorizing Staff to Negotiate a Professional ServicesContract with CTL/Thompson and Alpha Testing for the AnnualGeotechnical Engineering and Construction Materials Testing andInspection Contract


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

2. Impact: The contract provides for the testing of construction materials for strengthand durability and to ensure all construction is structurally sound to assure public

welfare. This testing applies to construction operations for installation ofengineering facilities for new City of Irving subdivisions and capital improvementprojects.

3. Staff would like to negotiate with two firms. It is competitively based on results andcustomer service. The annual contract will be reviewed based on this criteria ofperformance and will be reported every year for the next yearly evaluation.Therefore, two geotechnical and construction material testing firms will be under

contract per year. This new innovative methodology was created by theCIP/Engineering Department.

4. The Engineering staff requested qualifications from local testing firms andinterviewed the thirteen (13) individual geotechnical firms that responded. The firmswere comparatively analyzed on the basis of expertise, experience, qualifiedmanpower, capability of timely response, proper equipment, method of calibrationand certification, and method of report preparation and invoicing.

5. Based on previous experience, proposals, and interviews with the individual firms,staff is requesting authorization to negotiate contracts.

6. One out of 13 testing firms was Minority- and/or Women-owned Business (M/WBE).

7. As part of the contract, the consultant will provide the Minority- and/or Women-owned Business (M/WBE) participation amount.

Recommendation

The resolution be approved.


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10 Resolution -- Authorizing Staff to Negotiate a Professional ServicesContract with Jacobs Engineering Group, Inc., for the Engineering Design

Associated with the OConnor Road Reconstruction - Pioneer to SecondStreet Project



2. Impact: This professional services contract will provide for the reconstructiondesign and undergrounding of aerial utilities for electrical, cable, and

telecommunication lines.3. An interview team evaluated the qualifications of local engineering firms and

selected Jacobs Engineering Group, Inc. based on their roadway design, landscapeexpertise, and ability to complete project in an aggressive time frame. Based onthis evaluation, staff is requesting the authorization to negotiate a contract.

4. As part of the contract, the consultant will provide the Minority- and/or Women-owned Business (M/WBE) participation amount.

Recommendation



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11 Resolution -- Awarding a Contract to Weir Bros., Inc., for the TexasStadium Demolition Project


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

2. Impact: The award of this contract for the demolition of Texas Stadium will meet theCitys stated goals for recycling the stadium materials and will provide forredevelopment of the site.

3. Bids were opened on August 12, 2009. Fifteen bids were received ranging from a

base bid low of $5,433,300 to a high of $15,325,763. The bid included threealternates to be considered for award. Alternate 1 was to remove the stadium seatsand place them on pallets ready for shipping. The seats were sold in the recentauction, and therefore Alternate 1 is not needed. Alternate 2 was for the removal ofthe remaining wooden lockers. The lockers are in the process of being removed bycity forces, and therefore Alternate 2 in not needed. Alternate 3 was to specificallyrequire the implosion of the stadium. Alternate 3 is being selected.

4. A team of City staff, Jacobs Engineering Group, Inc., and Terracon Consultants,Inc., conducted interviews with the top four bidders to determine among otherthings, the qualifications and methods of demolition for each bidder. Through thisinterview process, insight was gained from several of the top experts in thedemolition field as to the appropriate methods of demolition, especially consideringthe safety aspects of the project. It was concluded that implosion is the safestmethod to demolish the structure.

5. The low base bid plus the selected Alternate 3 (implosion) was received from WeirBros., Inc., in the amount of $5,883,300.00. Jacobs Engineering Group, Inc., hasrecommended award of the contract for the base bid and Alternate 3 (implosion) toWeir Bros., Inc., as the lowest, responsive and responsible bidder. City staff fromReal Estate Services, Engineering, Facility Development and the PurchasingDepartments concurs with Jacobs recommendation.

6. Additional project costs [beyond the Weir contract] include $500,000.00 for theowners contingency, $30,000.00 for testing, and $183,500.00 for air monitoring

during asbestos abatement. The testing and air monitoring will be provided throughthe City's annual contract providers.

7. Notice to proceed is expected to be issued in October with a completion date of July22, 2010. The preliminary schedule places the actual implosion in early 2010. Thecompletion date corresponds to the Citys requirement to have the site cleared

d h i h T DOT i h i i i f h


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associated with the implosion to maximize the Citys benefits with a focus on siteredevelopment.

10.Minority- and/or Women-owned Business (M/WBE) participation on this award is

30%.11.Funding in the amount of $6,596,800.00 is available in the Texas Stadium Rental

#1 Fund.

Recommendation


12 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



2. Impact: This agreement reauthorizes annual funding for the Greater Irving-LasColinas Chamber of Commerce to promote economic development and businessgrowth through a series of highly effective strategies and programs.

3. The Chamber will provide specific, measurable services to increase the Citys taxbase; to assist in increasing high-paying job opportunities for the Citys residents; toprovide management and leasing of the three Texas Stadium Theme Towers; toassist the Salesmanship Club of Dallas and the HP Byron Nelson Tournament toassure adequate parking to meet Tournament needs; for the oversight andmanagement of the redevelopment of the Irving Boulevard corridor includingplanning and design of Childrens Safety City/Public Safety Museum along thecorridor; to assist in the creation of a Tax Increment Reinvestment Zone and theadministration of the district; to assist redevelopment by modernizing landdevelopment regulations; and for the operation of a Chamber of CommerceInformation Center and branch office in the Community Building located at 135 S.

Jefferson.4. Funding in the amount of $1,675,000.00 is available in the Economic Development

Fund.

Recommendation



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

Administrative Comments1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: This contract will approve FY2009-10 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, business, economic, community, and/or other appropriateforms of exchanges, in keeping with the purpose of the worldwide sister citiesprogram.

4. Funding in the amount of $160,000.00 for the period of October 1, 2009, throughSeptember 30, 2010, is available in the Economic Development Fund.

Recommendation


14 Resolution -- Approving a Right-of-Entry and Construction Easement forthe DART LRT Orange Line Project on Property Owned by BF Las Colinas,L.P.

Administrative Comments1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: Approval of the easement will allow immediate access to the property byDARTs contractor to begin construction activities related to the DART LRT OrangeLine project.

3. The DART LRT Orange Line Project requires the acquisition of a 249 square-footcorner clip on the Four Seasons property. DART is acquiring the corner clip.

4. Due to the proximity of the DART LRT Orange Line to the golf course, the FourSeasons requires that additional landscaping be installed at a cost of $25,000.00.

5. Funding in the amount of $25,000.00 is available in the Street Improvement BondFund.

R d ti


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15 Resolution -- Approving an Easement Purchase Contract withSprint/United Management Company for the Acquisition of a 25-FootPublic Utility Easement Along State Highway 114 for the Relocation ofUtilities Related to the TxDOT Highway Expansion Project



2. Impact: Acquisition of the public utility easement will allow for the relocation of theCitys existing utilities in support of the State Highway 114 expansion and DARTOrange Line project.

3. The property is located on the south side of State Highway 114 between FortuneDrive and the Las Colinas Country Club. The highway expansion requires therelocation of multiple utilities including the Citys water and sewer mains. The Citysutilities are being relocated as part of the TxDOT highway contract.

4. The owner has accepted the appraised value of $24,851.00 for the purchase of the25-foot public utility easement. An additional $5,000.00 is needed for closing costs.

5. Funding in the amount of $29,851.00 is available in the Street Improvement Bond

Fund.Recommendation


16 Resolution -- Approving an Assignment of Contract of Sale to the City ofIrving for the Acquisition of a Single-Family Residence Located at 506Larry Drive - Sierra Plateau, Ltd., Assignor


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

2. Impact: The acquisition of this property will facilitate the expansion of City facilities.

3. This property is currently under contract to be purchased by Sierra Plateau, Ltd., ata contract purchase price of $97,500.00. The proposed purchaser has agreed toassign his interest in the contract to the City. In addition to the purchase price, theCity is expected to incur no more than $5,000.00 in closing costs.

4 Funding in the amount of $102 500 00 is available in the Non-Bond CIP Fund


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17 Resolution -- Approving an Assignment of Contract of Sale to the City ofIrving for the Acquisition of a Single-Family Residence Located at 614Westwood Drive - Sierra Plateau, Ltd., Assignor

Administrative Comments1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.

2. Impact: Acquisition of this property will continue the corridor enhancement programand improve motorist safety.

3. This property is currently under contract to be purchased by Sierra Plateau, Ltd., ata contract purchase price of $129,000.00. The proposed purchaser has agreed toassign his interest in the contract to the City. In addition to the purchase price, theCity is expected to incur no more than $5,000.00 in closing costs.

4. Funding in the amount of $134,000.00 is available in the Street Improvement BondFund.

Recommendation


18 Resolution -- Authorizing the Submission of an Application to the NorthCentral Texas Council of Governments for Heavy-Duty Vehicle andEquipment Grant Program Funding for On-Board Electrification and IdleReduction Infrastructure, and If Awarded, Authorizing the Mayor toExecute an Agreement with the North Central Texas Council ofGovernments


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

2. Impact: These funds will seek to improve air quality through the installation of anti-idling technology that eliminates the necessity to idle fleet vehicles for equipmentand emergency lighting usage.

3. The North Central Texas Council of Governments (NCTCOG) has partnered withthe Texas Commission on Environmental Quality and the Environmental ProtectionAgency and made funding available in the form of a competitive grant process.

4. If awarded, funds will be used for the improvement of DFW air quality for thepurpose of attainment of National Ambient Air Quality Standards (NAAQS) and for


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19 Resolution -- Approving an Agreement Between the City of Irving and theTrinity River Authority to Provide Water and Wastewater LaboratoryAnalysis Services to Meet State Standards for the City of Irving, Texas

Administrative Comments1. This item supports Strategic Goal No. 9: Infrastructure Network.

2. Impact: This contract benefits the City of Irving residents by performing laboratoryanalysis of the water and wastewater generated within the City required to meetand exceed state standards.

3. The City is required by Federal and State law to perform laboratory analysis of thewater and wastewater generated within the City. The Trinity River Authority (TRA) isa State Certified Laboratory which contracts laboratory analysis services in thisarea.

4. This is a renewal of the contract for those services. TRA is conveniently located,gets results back quickly, works to the Citys needs and has provided excellentservice for the past twenty years.

5. Funding in the amount of $216,000.00 is available in the Water and Sewer SystemFund and $54,000.00 is available in the Municipal Drainage Utility Fund.

Recommendation


20 Resolution -- Authorizing the Mayor to Accept American Recovery and

Reinvestment Act Funding in the Amount of $937,605 from the U.S.Environmental Protection Agency


1. This item supports Strategic Goal No. 10: Environmentally SustainabilityCommunity

2. Impact: This funding, offered through the U.S. Environmental Protection Agencys(EPA) National Clean Diesel Emerging Technologies Program, allows the City of

Irving to implement a diesel emissions reduction project that addresses regional airquality improvement.

3. The Clean Diesel Emerging Technologies Program is an opportunity to advancenew, cutting edge technologies that reduce diesel emissions while creating anopportunity for a real world demonstration of the technology. The selected


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21 Resolution -- Approving Amendment of the Irving Housing FinanceCorporation Bylaws to Allow Purchase of Non-Foreclosure Property


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

2. Impact: This resolution will allow the Irving Housing Finance Corporation to morefully respond to and prevent foreclosures and to utilize Neighborhood StabilizationProgram grant money.

3. The current bylaws of the Irving Housing Finance Corporation allow for a number of

initiatives in regard to housing within the City including the acquisition, repair,remodeling, and resale of homes acquired from HUD or from foreclosures.

4. The proposed approval would allow the IHFC to amend their bylaws to additionallyengage in foreclosure prevention efforts in order to keep people in their homes.

5. Neighborhood Stabilization Program grant money is being sought in order to fundforeclosure prevention efforts.

RecommendationThe resolution be approved.

22 Resolution -- Approving a Service Agreement Extension Between the Cityof Irving and the Irving Housing Finance Corporation Until September 30,2010


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

2. The City Council approved the IHFC Service Agreement on March 8, 2007, for theprovision of housing services.

3. This resolution extends the Service Agreement to September 30, 2010.

4. The Service Agreement extension was approved and recommended that theCity Council approve by the Housing & Human Services Board on August 12, 2009.

Recommendation


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23 Resolution -- Approving the City Arts Services Program as the Third Partof the Irving Arts Boards New Financial Assistance Program


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

2. Impact: This resolution is part of the new Financial Assistance Program, which willimprove and expedite the process of distributing grants funds.

3. This third and final segment, the City Arts Services Program, was designed to allowIrving residents greater input into the artistic experiences available at the Irving ArtsCenter by forming a Citizens Committee, which will be jointly appointed by the City

Council and Arts Board, whose purpose is to examine the arts services beingoffered and determine what needs are not being met.

Recommendation



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Bids/ Purchasing Items (3 Awards and 1 Addendum)Items 24 - 27

24 Resolution -- Approving and Accepting the Bid of Mart-Caudle Corp dba

Walnut Hill Wrecker for an Annual Contract to Provide Wrecker Serviceand Auto Pound Operation


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

2. This item has been recommended by Police.

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

4. This award establishes an annual contract for the continuation of providing wreckerservice and auto pound operation for wrecked, disabled, abandoned, confiscated,or other impounded vehicles so designated for storage by Police.

5. Funding in the net estimated amount of $75,000.00 for the period of October 1,

2009, through September 30, 2010, and in the net estimated amount of $75,000.00for the period of October 1, 2010, through September 30, 2011, is available in theGeneral Fund, subject to funds being appropriated in Fiscal Years 2009-10 and2010-11.

6. Estimated revenue in the amount of $320,000.00 for the period of October 1, 2009,through September 30, 2010, and estimated revenue in the amount of $320,000.00for the period of October 1, 2010, through September 30, 2011, will be deposited in

the General Fund.7. When coupled with the auctioneer contract, the City will gain an estimated

$200,000.00 additional annual revenue.

Recommendation



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25 Resolution -- Approving Purchase from Computer Tech for the EquallogicSAN Video Storage System through the State of Texas Department of

Information Resources (DIR) Program


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

2. This item has been recommended by Police Emergency Management andInformation Technology, and is a Strategic Project/Task approved by theTechnology Review Committee.

3. Impact: This equipment will significantly enhance the video quality and expand theCitys video surveillance storage capacity.

4. The City received a 2007 Buffer Zone Protection Program grant for criticalinfrastructure protection to enhance security in the Civic Center complex. Thissystem will provide increased video storage capacity, will improve quality, and willprovide the ability to add additional surveillance cameras.

5. Funding in the net amount of $107,764.00 is available in the Emergency

Management Grant Fund.

Recommendation


26 Resolution -- Ratifying Emergency Award to Holt Cat for the Certified

Power Train Rebuild of a CompactorAdministrative Comments

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

2. This item has been recommended by Solid Waste Services and approved byIntergovernmental Services.

3. Impact: This rebuild is projected to extend the life of the main compactor at the

landfill for an additional six to seven years. The current cost of a replacement unitis $850,000.00; thereby avoiding an estimated $620,000.00 replacementexpenditure at this time.

4. This certified power train rebuild plus engineers this compactor into a new unit witha three-year, 5,000 hour warranty. This rebuild for City Tag #06132, a 2001Caterpillar 826G Compactor was planned for next fiscal year; however the engine


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27 Resolution -- Approving Addendum No. 1 to the Agreement withMeetingMatrix International for Room Diagramming Software Unique to

the Meeting Industry



2. This item has been recommended by Irving Convention & Visitors Bureau.

3. Impact: This agreement and addendum enhances the Irving Convention Centersales resources, which will result in generating additional visitor spending in Irving.

4. This software enables the Bureau to create customized floor plan designs for clientsconsidering the convention center for their meetings and events.

5. This agreement to purchase the software package was awarded administratively inApril 2009 for $16,805.00 and with this addendum the total award is $28,915.00.

6. Funding in the net amount of $12,110.00 is available in the ICVB Building Fund.

Recommendation


End of Bids


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28 Ordinance -- Final Reading - Approving a Negotiated Resolution Betweenthe Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex

Division Regarding the Companys Rate Review Mechanism Filing in AllCities Exercising Original Jurisdiction



2. Impact: Approval of the ordinance will implement a negotiated settlement withAtmos Energy Corp

3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a negotiatedresolution addressing the Company's second Rate Review Mechanism (RRM)filing. The RRM process is a three year experiment created by ACSC and AtmosMid-Tex to replace the controversial GRIP surcharge system. The RRM allowscities to conduct a more comprehensive review of all of the information regardingchanges to Atmos' revenues and expenses as well as its invested capital.

4. Based upon the review of ACSC experts, it was determined that the evidence

supported only a slight increase over current rates, and not the $20.2 millionproposed by the Company. After settlement talks between Atmos and theACSC settlement team the Company agreed to a $2.6 million increase.

5. The negotiated result reduces Atmos' requested rate increase by more than 85%.The monthly bill impact for an average residential customers will be $0.15.

6. Requires the Company to reimburse ACSC for reasonable rate making costsassociated with reviewing and processing the RRM application.

7. Protects the City by mandating that if the City determines any rates, revenues,terms and conditions, or benefits resulting from a Final Order or subsequentnegotiated settlement approved in any proceeding addressing the issues raised inthe Companys RRM filing would be more beneficial to the City than the terms of theattached tariff, then the more favorable rates, revenues, terms and conditions, orbenefits shall additionally accrue to the City.

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

a lengthy contested case proceeding, and maintains cities' role as a regulator ofnatural gas rates.

Recommendation



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29 Ordinance -- Amending Chapter 22 Entitled Noise of the Code of Civiland Criminal Ordinances of the City of Irving to Provide SpecificDefinitions and Enforcement of Noise Violations

Administrative Comments1. This item supports Strategic Goal No. 4: Safe and Secure City.

2. Impact: This ordinance will provide greater clarity, a more comprehensive list ofprohibited conduct, and sufficient specificity so that it can be enforced moreeffectively.

3. The amended ordinance will include the following changes:

a. Include specific prohibitions against motor vehicle idling in excess of 15minutes within residential areas or within 300 feet of a residential structure;

b. Prohibition of devices that cause vibration beyond the property boundary of thesource of the vibration;

c. Specific guidance pertaining to construction, excavation and repair;

d. Reasonable time constraints which take into account times people are ordinarilysleeping.

4. Benchmarking of the noise ordinance was done with area metroplex cities and citiesof comparable size to Irving throughout the State.

Recommendation



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30 Ordinance -- Repealing Housing and Human Services Board Appointmentand Supervision of the Executive Director Under Section 63-3 of Chapter

63 of The Code of Civil and Criminal Ordinances of the City of Irving,Texas



2. Impact: The proposed ordinance would allow closer and more effective team workbetween the Housing and Human Services Department and other City staff.

3. In January of 2006, the City Council, acting pursuant to authority granted underArticle VIII, Section 8 of the Irving City Charter, provided that the executive directorof the Housing and Human Services Department would be appointed, removed, andsupervised by the Housing and Human Services Board.

4. The proposed ordinance repeals those provisions of Section 63-3 which relate tothe appointment, removal, and supervision of the Executive Director.

5. The result of the proposed repeal would be for the Executive Director position to

come back under the provisions of Article VIII, Section 3 of the Irving City Charterwhereby the City Manager appoints, removes, controls, and supervises allemployees of the City other than the City Secretary, the City Attorney, the CityTreasurer, and the City Judges.

6. The Executive Director and the employees of the Housing and Human ServicesDepartment will remain governed by the rules, regulations, and policies pertainingto non-civil service personnel.

7. The changes set forth in this proposed ordinance were recommended by theCommunity Services Committee of the City Council at their September 9, 2009,meeting.

Recommendation



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31 Ordinance -- Amending the City of Irving General Obligation Bonds, Series2007 to Reallocate $2,255,000 Fire Facilities Bond Proceeds to Library

Facilities PurposesAdministrative Comments

1. This item supports Strategic Goals No. 7: Cultural, Recreational, and EducationalEnvironments and No. 8: Sound Governance.

2. Impact: The decision to delay awarding the construction contract for Fire Station #4to evaluate alternative locations leaves approximately $3.8 million idle in the Fire

Station bond fund.3. As part of the citys strategy to finance capital projects on a just in time basis, these

funds can be reallocated to other projects that have been planned for the Fall 2009bond sale.

4. The West Brach Library is a large capital project that will require the sale ofconstruction bonds this fall to complete. Staff recommends allocating the fire bondproceeds received from the 2007 and 2008 Bond sales to this project.

5. Staff has consulted with Vinson and Elkins, the citys bond counsel, who agrees thatthese funds can be transferred and the bond authorizations can be adjustedaccordingly. The Attorney General has confirmed with Vinson and Elkins that thecity may reallocate the bond proceeds that were issued pursuant to the 1999 Fireproposition to the 2006 Library proposition.

6. Council action approving ordinances amending the 2007 and 2008 bond saleordinances are required to transfer the funds and reallocate the bond proceeds

between the 1999 Fire proposition and the 2006 Library proposition. A budgetadjustment will be made to reflect this transfer.

Recommendation



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32 Ordinance -- Amending the City of Irving General Obligation Bonds, Series2008 to Reallocate $1,580,000 Fire Facilities Bond Proceeds to Library

Facilities PurposesAdministrative Comments

1. This item supports Strategic Goals No. 7: Cultural, Recreational, and EducationalEnvironments and No. 8: Sound Governance.

2. Impact: The decision to delay awarding the construction contract for Fire Station #4to evaluate alternative locations leaves approximately $3.8 million idle in the Fire

Station bond fund.3. As part of the citys strategy to finance capital projects on a just in time basis, these

funds can be reallocated to other projects that have been planned for the Fall 2009bond sale.

4. The West Brach Library is a large capital project that will require the sale ofconstruction bonds this fall to complete. Staff recommends allocating the fire bondproceeds received from the 2007 and 2008 Bond sales to this project.

5. Staff has consulted with Vinson and Elkins, the citys bond counsel, who agrees thatthese funds can be transferred and the bond authorizations can be adjustedaccordingly. The Attorney General has confirmed with Vinson and Elkins that thecity may reallocate the bond proceeds that were issued pursuant to the 1999 Fireproposition to the 2006 Library proposition.

6. Council action approving ordinances amending the 2007 and 2008 bond saleordinances are required to transfer the funds and reallocate the bond proceeds

between the 1999 Fire proposition and the 2006 Library proposition. A budgetadjustment will be made to reflect this transfer.

Recommendation



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33 Ordinance -- Budget Adjustment to the 2008-09 Fiscal Year Budget



2. Budget Adjustments are needed in the following funds: General Fund,Compensated Absences Fund, General Fund Non-Bond Capital ImprovementProgram Fund, Texas Stadium Venue Project Fund, Texas Stadium Venue DebtService, Water Improvement Bond Fund, Water and Sewer Non-Bond CapitalImprovement Fund, Municipal Court Technology Fund, Heritage Senior Center, SixSigma Fund, Entertainment Venue Fund, Convention Center Complex Fund, RedLight Camera Fund, Community Development Block Grant Recovery,Neighborhood Stabilization Program 1, Homelessness Prevention and Rapid Re-Housing Program Grant Federal, Emergency Shelter Grant State, Fire BondFund, Library Bond Fund.

3. This is budget adjustment number 4, staff is on target to meet the goal of less thansix adjustments per year.

Recommendation


APPOINTMENTS AND REPORTS

34 Resolution -- Appointments to the Dallas County Utility and ReclamationDistrict to Fill Two Four-Year Terms Expiring October 2013



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 Robert Power and Charles Cotton to serve four-year terms

expiring October 2013.Recommendation


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AGENDA ITEM SUMMARY

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Meeting: 9/24/2009 DOC ID: 2919Recommending Department: City Secretarys Office LSR No:

Ordinance -- Public Hearing and Adoption of the 2009-10 City of IrvingFiscal Year Budget



2. Impact: The 2009-10 budget has been prepared pursuant to discussion withCouncil and submitted for adoption.

3. Public Hearings were held on May 28, June 25, September 3, and on this date toallow for citizen input.

4. Public Input on the 2009-10 budget should be taken under advisement.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: N/A Review Completed By: N/APrevious Action: Public Hearings: 5/28,6/25, 9/3Budget Retreat: 8/20-21

Council Action: Input was received

.

CURRENT YEAR FINANCIAL IMPACT:

NONE

REVISION INFORMATION:

Prepared: 9/9/2009 08:13 AM by Jennifer Dwyer

Last Updated: 9/11/2009 09:20 AM by Jennifer Dwyer

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ORDINANCE NO. (ID # 2919)

AN ORDINANCE APPROVING AND ADOPTING THE ANNUAL BUDGET OF THE CITY OFIRVING, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDINGSEPTEMBER 30, 2010; PROVIDING FOR ADOPTION OF THE 2009-2010 GENERAL FUND

BUDGET; WATER AND SEWER SYSTEM FUND BUDGET; SOLID WASTE SERVICES FUNDBUDGET; GARAGE FUND BUDGET; CAPITAL IMPROVEMENT FUNDS BUDGETS; GRANT

FUNDS BUDGETS; REPLACEMENT FUNDS BUDGETS; OTHER FUNDS BUDGETS; ANDIRVING CONVENTION AND VISITORS BUREAU, IRVING ARTS CENTER, AND OTHER

ASSOCIATED FUNDS BUDGETS; AND PROVIDING FOR THE ADMINISTRATION OF THE

BUDGET.

WHEREAS, the City Manager has prepared and submitted to the City Council a budget of allproposed expenditures to be made by the City of Irving in Fiscal Year 2009-2010, and filed the

proposed budget with the City Secretary making it available for inspection by any person more thanthirty days prior to this date, in compliance with Section 102.005, Texas Local Government Code

(T.L.G.C.); and

WHEREAS, after proper notice and public hearing, the City Council has taken the comments ofthe public and finds that it has performed all other acts required by law for the passage of a municipal

budget; and

WHEREAS, the City Council finds that the budget as attached to this ordinance is in the best

interests of the taxpayers and will promote a high quality of life for the residents, visitors andbusinesses;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFIRVING, TEXAS:

SECTION 1. That the annual budget of the City of Irving, Texas, for the fiscal year beginningOctober 1, 2009, and ending September 30, 2010, attached hereto, is hereby approved and adopted, andthe respective sums of money therein designated for the various Funds of the City, be and the same are

hereby appropriated at the Fund level.

SECTION 2. That the following budgets for the 2009-2010 fiscal year beginning October 1,2009, and ending September 30, 2010, attached hereto, are hereby approved and adopted: General

Fund Budget; Water and Sewer System Fund Budget; Solid Waste Services Fund Budget; Garage FundBudget; Capital Improvement Funds Budgets; Grant Funds Budgets; Replacement Funds Budgets;

Other Funds Budgets; and Irving Convention and Visitors Bureau, Irving Arts Center, and Other

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING TEXAS

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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,

on September 24, 2009.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Janice Carroll, TRMCCity Secretary

APPROVED AS TO FORM:

_______________________________

Charles R. AndersonCity Attorney

AGENDA ITEM SUMMARY

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Meeting: 9/24/2009 DOC ID: 2920Recommending Department: City Secretarys Office LSR No:

Ordinance -- Setting the 2009 Tax Rate and Levying the Tax As Required bythe State of Texas Property Tax Code



2. Impact: The adoption of this tax rate represents the same or a reduction in taxespaid by Irving property owners, while assuring that a high level of services aremaintained.

3. The Texas Property Tax Code requires adoption of the tax rate in its twocomponents, operations & maintenance and debt service. An ordinance has beenprepared reflecting the following rates for adoption by City Council:

General Fund O&M .3813

Debt Service .1593

Total .5406

Recommendation



Contract Required: N/A Review Completed By: N/APrevious Action: N/A Council Action: N/A

.


NONE


Prepared: 9/9/2009 08:14 AM by Jennifer DwyerLast Updated: 9/18/2009 11:04 AM by Jennifer Dwyer

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AN ORDINANCE FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE CITYOF IRVING, TEXAS, FOR THE YEAR 2009 AND DIRECTING THE ASSESSMENT THEREOF.

WHEREAS, the City of Irving Tax Assessor has submitted to the Irving City Council the taxrate calculated and published pursuant to Section 26.04 of the Texas Property Tax Code; and

WHEREAS, the City Council has adopted a budget of all proposed expenditures for fiscal year2009-10;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFIRVING, TEXAS:

SECTION 1. For the maintenance and operations expenditures of the City of Irving, Texas, forthe next year, there is hereby levied and ordered to be assessed and collected for the year 2009, on allproperty situated within the corporate limits of the City of Irving, Texas, and not exempt from taxationby valid law, an ad valorem tax at the rate of $0.3813 on the One Hundred Dollar ($100.00) valuation

of such property.

SECTION 2. For the purpose of paying interest and providing a sinking fund for the paymentof each issue of bonds issued for various municipal purposes, including the various installments ofprincipal falling due during the ensuing year, there is hereby levied and ordered to be assessed andcollected for the year 2009 on all property situated within the corporate limits of the City of Irving,Texas, and not exempt from taxation by valid law, an ad valorem tax at the rate of $0.1593 on the OneHundred Dollar ($100.00) valuation of such property.

SECTION 3. That the City Council by this ordinance hereby notifies the City of Irving TaxAssessor the tax rate adopted for the 2009 tax year is $0.5406 per One Hundred Dollar ($100.00)valuation.



________________________________HERBERT A. GEARS

MAYOR

City Attorney

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y y

AGENDA ITEM SUMMARY

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Meeting: 9/24/2009 DOC ID: 2926Recommending Department: City Secretarys Office LSR No: N/A

Ordinance -- Adopting the 2009 City of Irving Tax Roll As Required by theState of Texas Property Tax Code



2. Impact: Adoption of the Appraisal Roll with the calculation of tax imposed on eachproperty becomes the City's Tax Roll for collection of this years taxes.

3. The Tax Assessor has calculated and determined the tax imposed on each piece ofproperty included on the appraisal roll for the City of Irving pursuant to Section26.09 of the Texas Property Tax Code and has submitted it to the City Council forapproval.

Recommendation



Contract Required: N/A Review Completed By: Karen BrophyPrevious Action: N/A Council Action: N/A

.


NONE


Prepared: 9/11/2009 09:08 AM by Jennifer DwyerLast Updated: 9/18/2009 11:19 AM by Karen Brophy

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AN ORDINANCE ADOPTING THE 2009 CITY OF IRVING TAX ROLL AND PROVIDING FOR

A SEVERABILITY CLAUSE.

WHEREAS, the Tax Assessor has calculated and determined the tax imposed on each piece of

property included on the appraisal roll for the City of Irving pursuant to Section 26.09 of the Texas

Property Tax Code and has submitted said document which is attached hereto;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:

SECTION 1. The City Council hereby approves the appraisal roll and tax determinations

contained therein submitted to it by the Tax Assessor and said document is hereby adopted as the 2009

City of Irving Tax Roll.

SECTION 2. That the terms and provisions of this ordinance shall be deemed to be severable

and that if the validity of any section, subsection, sentence, clause, or phrase of this ordinance should be

declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence,

clause, or phrase of this ordinance.



________________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________

Janice Carroll, TRMC

City Secretary

APPROVED AS TO FORM:

_______________________________

Charles R Anderson

WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

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September 2, 2009

The Irving City Council met in work session September 2, 2009. The following members werepresent/absent:

Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor PresentBeth Van Duyne Irving City Council Councilwoman LateAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman Present

Sam Smith Irving City Council Councilman LateJoe Philipp Irving City Council Councilman AbsentRose Cannaday Irving City Council Councilwoman PresentThomas Spink Irving City Council Councilman Present

Mayor Herbert Gears called the meeting to order at 11:15 AM.

DISCUSSION TOPIC

Introduction of City Council Cycle Participants

Executive Assistant Linda Murray introduced the Council Cycle Participants,Community Outreach Manager Susan Rose and Senior Accountant Marianne Lauda.

1 Recognition of City Process Improvement Program and Results by State Senator Chris

Harris

Strategic Innovations Director Lynda Johnson introduced BJ Fontaine, ProjectManager, Texas Manufacturing Assistant Center.

Mr. Fontaine described the Lean Six Sigma program the City has been utilizing forprocess review. He also introduced Joan Holland, Director of Senate District Nine,representing Senator Chris Harris who was unable to attend.

Ms. Holland presented the City of Irving with a commemorative plaque from the TexasManufacturing Assistant Center.

2 Review of Regular Agenda

Minutes

Acceptance:MinutesofSep2,200911:00AM

(CONSENTAGENDA

)

City Council Work SessionSeptember 2, 2009

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Community Services Director Paul Gooch noted that the agreement allows the currenttenant to remain at the property for one year and the Museum Board is reviewing thebest way to utilize the property.

Mayor Gears reviewed the events that made The Paine House historically significantas a part of the tragic time of this countrys history when President John F. Kennedywas assassinated in Dallas, Texas. He said that Marina Oswald lived there and LeeHarvey Oswald was in Irving the night before JFK was assassinated.

16 Resolution -- Approving Agreement for Purchase and Sale of Real Estate for theAcquisition of DART Orange Line Parcels IRV2-37A, Verizon Realty Corp. Owner

17 Resolution -- Approving Agreement for Purchase and Sale of Real Estate for theAcquisition of DART Orange Line Parcels IRV2-37B, IRV2-37B-2, IRV2-37B-3, andIRV2-37D, Verizon Realty Corp. Owner

18 Resolution -- Approving Agreement for Purchase and Sale of Real Estate for theAcquisition of DART Orange Line Parcels IRV2-37E, Verizon Realty Corp./VerizonNorth Inc., Owner

19 Resolution -- Authorizing Dallas Area Rapid Transit (DART) Authority to

Acquire Parcels IRV2-37A, IRV2-37B, IRV2-37B-2, IRV2-37B-3, IRV2-37D, and IRV2-37E by Eminent Domain Within the City of Irving

Mayor Gears requested a presentation on companion items 16-19.

Real Estate & Development Director Brenda McDonald described the contracts andconfirmed that DART will assign and finalize the purchases, not the City.

37 Ordinance -- First Reading - Amending Chapter 52 Entitled Water And Sewer Rates

Of The Code Of Civil And Criminal Ordinances Of The City Of Irving, Texas, ProvidingFor New Monthly Water And Sewer Rates; Providing For A New Maximum MonthlyService Charge; Providing An Effective Date; And Providing A Severability Clause.

38 Ordinance -- First Reading - Amending Chapter 33 Entitled " Refuse, Garbage andWeeds" of the Code of Civil and Criminal Ordinances of the City of Irving, Texas,Providing for Charges for Plastic Refuse Bags Sold by the City and for MonthlyCharges for Refuse Pickup Service for Residences, Apartments, and Churches

40 Ordinance -- Public Hearing and First Reading - Amending Subsection (d) of Section41-57 of Chapter 41 Entitled "Water and Sewer Systems" of the Code of Civil andCriminal Ordinances of the City of Irving, Texas, Setting a New Schedule of DrainageFees; Providing an Effective Date; and Providing a Severability Clause

Mayor Gears stated that he has asked staff to pull items 37, 38, and 40 from the

Minutes


(CONSENTAGENDA

)


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41 Resolution -- Making Findings Related to the Need to Use City-Owned Land LocatedAlong MacArthur Boulevard Between Weathered Street and Storyglen Street for theConstruction of Fire House No. 4

Mayor Gears stated that item 41 will be pulled from the Councils agenda and will notbe considered at this time. He requested staff to come back to Council with a design tosave the tree that now must be removed to build Fire Station No. 4.

Councilman Patrick asked if this resolution would be necessary to move forward withthe current design at this specific location.

City Attorney Charles Anderson confirmed that this resolution is a necessary step to

designate this land to be used as a fire house site.42 Ordinance -- Amending Chapter 8 Entitled Irving Building Standards Code of the City

of Irving, Texas, Development Standards and Construction Codes by Adding Article XIto Provide a Mandatory Crime Reduction Program in Apartment Complexes

Mayor Gears requested a presentation on this item.

Assistant Police Chief Steve Ramsey presented the proposed ordinance. Hispresentation included an overview of the crime statistics at apartment complexes,noting that this program is one more tool to reduce crime. He also described the appealprocess that is available to all apartment complexes identified for the program.

Councilman Sam Smith asked what data would be used to determine what propertiesshould be on the program.

Chief Ramsey confirmed that data from a twelve month rolling period will be used.

Councilman Patrick requested clarification on what complexes will be included in this

program.

Chief Boyd noted that the Police Department communicates with apartment complexesregularly and properties that fall beyond the crime threshold will be enrolled in theprogram, but all properties have the option to participate in the Crime Free Multi-Housing Program to take a proactive step to reduce crime.

45 Ordinance -- Amending Chapter 33A of the Code of Civil and Criminal Ordinances ofthe City of Irving, Texas, Regarding Minimum Setbacks - City of Irving, Applicant

Chief Planner Kenneth Bloom presented the ordinance amendment that will allow formore landscaping along major corridors

Councilman Patrick asked how the proposed setback requirements would affectexisting businesses.

Minutes


(CONSENTAGENDA

)


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3 State Highway 183 Overlay

Manager Steve Reed presented the proposed SH 183 overlay. His presentationincluded land use issues and standards for new development and redevelopment. Henoted that the process would include detailed mapping, and this will be adopted byordinance. Mr. Reed said the cost for a consultant to do this is estimated at $300,000to $400,000. A staff team can do this in house at a cost of $25,000 to $30,000 withcompletion by February 2010.

City Manager Gonzalez confirmed the recommendation to develop this plan in housewith current staff.

Councilwoman Rose Cannaday noted her support for this plan as it will give the Cityopportunities to enhance the look of this thoroughfare.

Councilman Rick Stopfer asked if staff has contacted DFW Airport regarding theirfuture retail plans at SH 183, noting the need to work together.

Director McDonald stated that staff has been in contact with the DFW Airportrepresentatives and will continue to work with them as they look at retail developmentin the future.

Councilman Stopfer stated that representatives from two car dealerships said that theyhave not been included in group discussions.

Director McDonald said she is not aware of a formal group, but they will have anopportunity for input as this project progresses.

Councilman Stopfer noted that the State has no funds to place utility lines undergroundalong SH 183.

Director McDonald responded that the individual businesses will be required to placethese lines underground, but the distribution lines will be looked at in this study.

Council agreed to have staff develop the SH 183 Overlay project.

4 Status Report on Fire House No. 4

This item was not discussed in Work Session.

Minutes


(CONSENTAGENDA

)


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EXECUTIVE SESSION

City Attorney Charles Anderson read the Mayor and Council into Executive Session at 1:17PM.

8 Resolution -- Approving Settlement of a Lawsuit with Manuel A. Benavidez

Mayor Gears announced that the Council will now reconvene in Open Session. The time was2:35 PM.

The meeting was adjourned at 2:36 PM.

___________________________Herbert A. Gears, Mayor

ATTEST:

______________________Janice Carroll, TRMCCity Secretary

Minutes

Acceptance:Minutes

ofSep2,200911:00AM

(CONSENTAGENDA

)

SPECIAL MEETING OF THE IRVING CITY COUNCILDRAFT MEETING MINUTES

September 2 2009

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September 2, 2009

The Irving City Council met in special session in the Council Conference Room of the City HallComplex on September 2, 2009. The following members were present / absent:


Herbert Gears Irving City Council Mayor PresentBeth Van Duyne Irving City Council Councilwoman PresentAllan Meagher Irving City Council Councilman PresentLewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman Present

Sam Smith Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman PresentRose Cannaday Irving City Council Councilwoman PresentThomas Spink Irving City Council Councilman Present

Mayor Herbert Gears called the meeting to order at 2:36 PM.

DISCUSSION TOPIC

1 Ordinance ORD-2009-9108 -- Calling the City of Irving, Texas, Home Rule CharterAmendment Election to be Held on November 3, 2009, Providing Propositions onSigning Contracts, Repealing the Position of Treasurer, Limiting the Compensation forCouncil Members, Issuance of Bonds and Warrants and CAP on RetirementContributions

Mayor Gears stated his issues with holding a Charter Election.

The Council agreed not to hold a Charter Election November 3, 2009.

The meeting was adjourned at 2:39 PM.

___________________________Herbert A. Gears, Mayor

ATTEST

Minutes

Acceptance:Minutes

ofSep2,200911:30AM

(CONSENTAGENDA

)

REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTES

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September 3, 2009

~

The City Council met in regular session in the Council Chambers of the City HallComplex on Thursday, September 3, 2009. The following members were present /absent:


Herbert Gears Irving City Council Mayor PresentBeth Van Duyne Irving City Council Councilwoman PresentAllan Meagher Irving City Council Councilman Present

Lewis Patrick Irving City Council Councilman PresentRick Stopfer Irving City Council Councilman PresentSam Smith Irving City Council Councilman PresentJoe Philipp Irving City Council Councilman Present

Rose Cannaday Irving City Council Councilwoman PresentThomas Spink Irving City Council Councilman Present

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

Randy Boatright, announced that the Keep Irving Beautiful will be holding its 18 th Annual TrinityTrash Bash event, it will be held on Saturday, September 12, 2009, from 9-1, registration willstart at 8:00 a.m. Mr. Boatright invited everyone to come out and join in this yearly event.

INVOCATION

The invocation was delivered by Pastor Isnel Castro, House of god Ministries of the City OfIrving, Texas.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.

PROCLAMATIONS AND ANNOUNCEMENTS

There were no proclamations or announcements made..

CITY COUNCIL AGENDA

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA)

City Council MeetingSeptember 03, 2009

Pl i E ll f th T Ch t f th A i Pl i A i ti Th

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Planning Excellence from the Texas Chapter of the American Planning Association. The

certificate recognizes the professional standards demonstrated by the department. This

is the second consecutive year the department has received this recognition, he stated.

2 Public Hearing No. (ID # 2885) -- Public Input on the 2009-2010 City of IrvingFiscal Year Budget

Mayor Gears introduced the item and asked if anyone wished to speak on thisitem.

The following registered to speak:

Cathy Duncan, 925 Murl Drive, she stated that she heard that the city has 400 to500 less employees in the past five years. In checking previous budget she seesonly a reduction of twelve funded positions. Why is there a difference?Ms. Duncan stated she heard the General Fund Revenue is down. She notedthat Solid Waste revenue has been removed from the General Fund, and sheasked for the reason this was done. She said this is the reason for the fundreduction.

She commended the Mayor for removing the rate increase ordinances from theagenda this evening. And she asked that they rescind the $1.50 EMS monthlyfee.

Wally Banks, 3413 Briarcliff Ct. South, commended the city employees. Heasked that better synchronization of traffic signals be addressed. He noted thatthe street concrete dispatch crew should be increased in number. He spoke infavor of long range water planning. He asked that police and fire pay and cityemployees be reconsidered.

Joe Mapes, P.O. Box 141864, stated that he is a business resident of the City.He asked that a forum be provided to receive input from this segment of the City.Mr. Mapes lso spoke in favor of the removal of ordinances for rate increases. Healso addressed the lack of opportunity for budget review and input.

Sharon Barbosa-Crain, 2608 Alan A Dale, thanked the Mayor and Council fortheir continued support of Keep Irving Beautiful. She also thanked Mayor andCouncil for the removal of the rate increase ordinances and for providing abalanced budget for the next fiscal year. And finally she asked that the Council

id i t ti j i t li / k bil it d i th th t

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)


CONSENT AGENDA

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CONSENT AGENDA

The consent agenda, items #3 through #39, were presented for approval. Mayor Gears stated

that item #8 would be pulled from the consent agenda and heard separately. Mayor Gears alsostated that items #37, #38, #40 and #41 would be removed from the consent agenda and would

not be considered. Councilman Stopfer moved to approve the consent agenda items #3

through #39, excluding items #8, #37, #38, #40 and #41. Seconded by Councilwoman

Cannaday, the motion was approved by a vote of 9-0.

3 Approving Minutes for Wednesday, August 05, 2009

4 Approving Minutes for Wednesday, August 05, 2009

5 Approving Minutes for Thursday, August 06, 2009

6 Resolution No. RES-2009-370 -- Setting a Date for a Public Hearing on the

2009-2010 City of Irving Fiscal Year Budget

RESULT: ADOPTED [6 TO 3]

MOVER: Rick Stopfer, Councilman

SECONDER: Rose Cannaday, Councilwoman

AYES: Gears, Meagher, Stopfer, Smith, Philipp, Cannaday

NAYS: Beth Van Duyne, Lewis Patrick, Thomas Spink

7 Resolution No. RES-2009-371 -- Approving Addendum No. 2 to theHazardous Waste Interlocal Agreement Between the City of Irving andDallas County to Provide a Program in Which Residents Can ProperlyDispose of Household Chemicals

RESULT: ADOPTED [UNANIMOUS]

MOVER: Rick Stopfer Councilman

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)


8 Resolution No RES 2009 372 Approving Settlement of a Lawsuit with

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8 Resolution No. RES-2009-372 -- Approving Settlement of a Lawsuit withManuel A. Benavidez

Mayor Gears introduced the item and asked if anyone wished to speak in favor oropposition of this item.

City Attorney Charles R. Anderson, reviewed the terms of the settlementagreement and presented the background of this case. He stated that theagreement calls for six single member districts, two at large Council seats, andthe Mayor is at large. He noted that the numbering of districts will coincide withthe election schedule as it currently exists. He noted that the City will pay

$200,000.00.

The following registered to speak in opposition.

David Palmer, 1705 Colony DriveJohn Barrett spoke for Shirley Wyatt, 609 Shalamar, spoke in oppositionSue Harper, 1117 S. Delaware, spoke in oppositionDoug Harper, 1117 S. Delaware, spoke in oppositionJoe Sissom, 3500 Gentry Road, spoke in oppositionJacqualea Cooley, 1633 Drexel, spoke in oppositionDon J. Wilson, 1410 Ronne Drive, spoke in oppositionPatricia Owen, 1506 Ross Drive, spoke in oppositionJames Embry, 4027 N. Beltline Road, #2314, spoke in oppositionJoyce Howard, 1404 Colony, spoke in opposition

The following registered to speak in favor of this item:

Roland D. Medina, 1600 N. MacArthur Blvd. spoke in favorKim Carroll Limberg, 1910 Cartwright Street, spoke in favorAndrew Goldsmith, 3000 Wingren, spoke in favorSharon Barbosa-Crain, 2608 Alan-a-Dale, spoke in favorJohn Dannish, spoke in favor

The following registered in opposition of this item, but did not wish to speak:

Loren J. Byers, 918 E. Tanglewood DriveBobbie Randall, 500 FarinePaul Jordan, 1519 Arcady Lane,

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)


Edna C Garcia 626 Oak Ridge

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Edna C. Garcia, 626 Oak RidgeVal Garcia, 626 Oak Ridge

The following registered in support of this item, but did not wish to speak:

Gardy Lopez, 1309 Milner RoadJames F. Widener, 307 Steeplechase DriveHelen Widener, Steeplechase Drive

Councilman Philipp spoke in favor of this settlement agreement and moved toapprove the agreement as presented.

Councilman Spink stated that whether he personally was included in the newDistrict 1 was not important, but he did oppose the gerrymandered boundaries ofthis district.

Councilwoman Van Duyne addressed her position on pursuing the appeal of thissuit and not agree to a settlement at this time.

Mayor Gears stated that the Federal Judge has ruled against the City of Irvingand the city cannot hold an election under the current system. Mayor Gears saidthat this is a natural progression to preserve some places to stay at large; the cityhas reserved its right to appeal.

Mayor Gears also stated that he was asked to work with attorneys to develop ahybrid system.

Councilman Patrick stated that the current system is the best system for the Cityof Irving. He does not like the map. Unfortunately voters have no choice. Hestated that he would be voting against this item.

Councilwoman Cannaday stated that the present system is a good one. Irvinghas made no effort to change this.

Councilman Smith stated that single member districts are here to stay and nowthe council needs to manage this new system.

After lengthy discussion, the following vote was noted.Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)


RESULT ADOPTED [6 TO 3]

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MOVER: Joe Philipp, Councilman


AYES: Gears, Meagher, Stopfer, Smith, Philipp, Cannaday

NAYS: Beth Van Duyne, Lewis Patrick, Thomas Spink

9 Resolution No. RES-2009-373 -- Approving a Settlement of Claim Betweenthe City of Irving and the General Assembly and Church of the Firstborn




AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp,

Cannaday, Spink

10 Resolution No. RES-2009-374 -- Authorizing the Mayor to Execute a Right-Of-Way Agreement with Windsor Ridge Homeowners Association and BFLas Colinas Development, LP, to Provide a Public Right-Of-Way Known asOConnor Ridge Boulevard




AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Philipp,Cannaday, Spink

11 Resolution No. RES-2009-375 -- Awarding a Contract to SYB ConstructionCo., Inc., for the Grauwyler Heights Alley Improvements, Section II Project

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)



7


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12 Resolution No. RES-2009-376 -- Authorizing Staff to Negotiate a ProfessionalServices Contract with Good Fulton & Farrell Architects for the

Architectural and Engineering Design Associated with the Bell TowerElevator for the Lake Carolyn Promenade





13 Resolution No. RES-2009-377 -- Approving Change Order No. 1 to theConstruction Management at Risk Contract Between Austin Commercial,L.P. and the City of Irving for Construction Management Services to

Construct Las Colinas Multipurpose Convention Center





14 Resolution No. RES-2009-378 -- Approving Renewal of Agreement forS r i B t th Cit f Ir i g d K Ir i g B tif l I f r th

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)



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15 Resolution No. RES-2009-379 -- Approving a Sales Contract for theAcquisition of a Single-Family Residence Located at 2515 West Fifth Street

- Kimberly Short, Property Owner

The following registered to speak in opposition of this item.Wally Banks, 3413 Briarcliff





16 Resolution No. RES-2009-380 -- Approving Agreement for Purchase andSale of Real Estate for the acquisition of DART Orange Line Parcels IRV2-

37A, Verizon Realty Corp. Owner





17 Resolution No. RES-2009-381 -- Approving Agreement for Purchase andS l f R l E t t f r th i iti f DART Or g Li P r l IRV2

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)



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18 Resolution No. RES-2009-382 -- Approving Agreement for Purchase andSale of Real Estate for the acquisition of DART Orange Line Parcels IRV2-37E, Verizon Realty Corp./Verizon North Inc., Owner





19 Resolution No. RES-2009-383 -- Authorizing Dallas Area Rapid Transit(DART) authority to acquire Parcels IRV2-37A, IRV2-37B, IRV2-37B-2, IRV2-37B-3, IRV2-37D, and IRV2-37E by eminent domain within the City of Irving





20 Resolution No. RES-2009-384 -- Approving and Accepting the Bid of TankPro, Inc., for the Rehabilitation of Esters 1.5 MG Multicolumn ElevatedStorage Tank

Minute

sAcceptance:Minutes

ofSep3,20097:00PM

(CONSENTAGENDA

)



7


59/296





21 Resolution No. RES-2009-385 -- Approving Amendment No. 1 to MetrocareServices Fiscal Year 2008-09 Agreement





Cannaday, Spink

22 Resolution No. RES-2009-386 -- Terminating the Fiscal Year 2008-09 IrvingYWCA Community Development Block Grant Contract and Amending theSalvation Army Fiscal Year 2008-09 Community Development Block GrantContract





23 Resolution No. RES-2009-387 -- Renewing Annual Contract with GTDistributors, Inc., for Police Ammunition

Minute

sAcceptance:MinutesofSep3,20097:00PM

(CONSENTAGENDA

)



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[ ]




24 Resolution No. RES-2009-388 -- Approving and Accepting the Bids of GTDistributors, Inc.; GST Public Safety Supply, LLC; and C & G Police Supplydba C & G Wholesale for Annual Contracts to Supply Police Uniforms





25 Resolution No. RES-2009-389 -- Approving Purchase From Optical SystemsTechnology, Inc., for Night Vision Devices Through the General ServicesAdministration (GSA) 1122 Counterdrug Activity Program





26 Resolution No. RES-2009-390 -- Approving Purchase from Dallas Dodge forPolice Dodge Chargers through the Houston-Galveston Area Council ofGovernments (H-GAC) Interlocal Cooperative Purchasing Program

Minute


(CONSENTAGENDA

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[ ]




27 Resolution No. RES-2009-391 -- Approving and Accepting the Proposal ofInformation Builders, Inc., for a Business Intelligence Reporting Solution





Cannaday, Spink

28 Resolution No. RES-2009-392 -- Approving Addendum No. 1 with AdvancedPublic Safety, Inc., for the Expansion of Electronic Citation Technology toPatrol Cars





29 Resolution No. RES-2009-393 -- Approving Single Source Award with TylerTechnologies, Inc., for Software and Hardware Maintenance for the CourtCase Management System

Minute


(CONSENTAGENDA

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30 Resolution No. RES-2009-394 -- Approving Purchase from Freeway Ford forAmbulances through the Houston-Galveston Area Council of Governments(H-GAC) Interlocal Cooperative Purchasing Program





31 Resolution No. RES-2009-395 -- Approving and Accepting the Bid of AirPollution Control Products, Inc., for the Animal Incinerator/CrematorySystem





32 Resolution No. RES-2009-396 -- Approving and Accepting the Bid of TheAround the Clock Freightliner Group LLC Dallas Freightliner for a Crew CabTruck with Crane

MinutesAcceptance:MinutesofSep3,20097:00PM

(CONSENTAGENDA

)



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33 Resolution No. RES-2009-397 -- Approving and Accepting the Bid of KanMarInvestments LLC dba International Diving Services for an Annual Contractto Provide Water Storage Tank In-Service Cleaning and Special DivingServices





34 Resolution No. RES-2009-398 -- Approving and Accepting the Bid of TaylorsSummit Electric Service, Inc., for an Annual Contract to Provide ElectricalServices for Parks & Building Maintenance





Cannaday, Spink

35 Resolution No. RES-2009-399 -- Renewing Annual Contract with WesternPaper Co., to Supply Office, Copier, and Print Shop Paper


(CONSENTAGENDA

)



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36 Resolution No. RES-2009-400 -- Approving and Accepting the Proposal ofMaloney Strategic Communications, Inc., for Advertising AgencyRepresentation




AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, Cannaday, SpinkNAYS: Joe Philipp

37 Ordinance No. ORD-2009-9109 -- First Reading - Amending Chapter 52Entitled Water And Sewer Rates Of The Code Of Civil And CriminalOrdinances Of The City Of Irving, Texas, Providing For New Monthly WaterAnd Sewer Rates; Providing For A New Maximum Monthly Service Charge;

Providing An Effective Date; And Providing A Severability Clause.

The following registered to speak in favor of this item:Wally Banks, 3413 Briarcliff

RESULT: WITHDRAWN NO VOTE

38 Ordinance No. ORD-2009-9110 -- First Reading - Amending Chapter 33Entitled " Refuse, Garbage and Weeds" of the Code of Civil and CriminalOrdinances of the City of Irving, Texas, Providing for Charges for PlasticRefuse Bags Sold by the City and for Monthly Charges for Refuse PickupS i f R id A d Ch h


(CONSENTAGENDA

)


39 Ordinance No. ORD-2009-9111 -- Final Reading - Approving a NegotiatedResolution Between the Atmos Cities Steering Committee and Atmos

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gEnergy Corp., Mid-Tex Division Regarding the Companys Rate Review

Mechanism Filing in All Cities Exercising Original Jurisdiction

RESULT: FIRST READING [UNANIMOUS]Next: 9/24/2009 7:

Documents

Final Agenda Meeting of the Irving City Council Thursday, September