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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, MARCH 4, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLE

825 WEST IRVING BOULEVARD

IRVING, TEXAS~

11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, MARCH 3, 2010 -- FIRST FLOCONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TE

6:15 P.M.------------------------------------------------------------------Pre-Council Briefing (If Nece

City Council Conference RoomChamber Conference RoomComplex

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

Invocation

Pastor Ken Branam, Plymouth Park Baptist

Pledge Of Allegiance

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 27

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

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CITY COUNCIL AGENDA

1 City Managers Strategic Plan Update

CONSENT AGENDAItems 2 - 21

2 Approving Minutes for Wednesday, February 17, 2010

3 Approving Minutes for Thursday, February 18, 2010

4 Resolution -- Authorizing the Mayor to Execute an AgreemeCommunications Facilities License to Verizon Wireless to UProperty Located at Texas Stadium for the Term of FiveProviding an Effective Date

Administrative Comments

1. This item supports Strategic Goal No. 8: Sound Governance.2. Impact: This agreement will generate $20,000.00 in new reven

annually.

3. Verizon Wireless is requesting that the City grant a license to plawithin ONCORs existing overhead electrical transmission tower Texas Stadium site.

4. The license agreement will be for an initial term of ten years with pmay be extended an additional 15 years in five year increments, foyears. The renewals are at both the citys and Verizons option.

5. The initial rate is $20,000.00 per year with an automatic 3% annualrate. Over the life of the 25-year agreement, this lease could $500,000.00.

Recommendation

The resolution be approved.

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5 Resolution -- Approving a Chapter 380 Economic DevelopmAgreement with Heritage District, LLC, to Provide Funding Interest Payments to Comerica Bank


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

2. Impact: This agreement will maintain the Comerica Bank credit fprovided funding for the Heritage Crossing Project.

3. This incentive agreement will provide the funds to Heritage Districquarterly interest payments to service the Comerica Bank credit advanced by the City will be repaid at the time the Delaware Towland is taken out of the credit facility.

3. Funding in an amount not to exceed $500,000.00 is available inDevelopment Fund.

Recommendation


6 Resolution -- Approving a Sales Contract for the AcquisitionFamily Residence Located at 1920 West Shady Grove RoaBurnett and Guadalupe Burnett, Property Owners


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

2. Impact: Acquisition of this property will allow flexibility in the futurestreetscape opportunities along Shady Grove Road.

3. The owner is willing to sell the property at the value of approximsquare foot land value, for a total of $35,000.00. In addition to the

the City is expected to incur no more than $3,000.00 in closing costs

4. Funding in the amount of $38,000.00 is available in the Street ImpFund.

Recommendation

The resolution be approved

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7 Resolution -- Authorizing the Mayor to Sign a SponsorshiBetween the City of Irving on Behalf of the Irving ConventionBureau (ICVB) and the Salesmanship Club Charitable Golf of D

2010 HP Byron Nelson ChampionshipAdministrative Comments


2. Impact: The sponsorship agreement will provide the ICVB specific interact with clients/customers to promote tourism and the convenindustry.

3. The agreement includes the Host City Sponsorship, Media Center Cand amenities as outlined in the sponsorship agreement. Through the City has a very visible part in the tournament including having ICin the media room throughout the tournament plus the continued City dignitaries at the opening and closing ceremonies.

4. Funding in the amount of $179,000.00 is available in the ICVB Gene

Recommendation


8 Resolution -- Approving Oncor Electric Delivery Company LExtension Agreement for the Extension of Company DeliFacilities to the Irving Convention Center

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

2. Impact: This agreement relative to the construction of the Irving Conwill impact the City of Irving residents when the convention ceadditional visitor spending in Irving.

3. This Facilities Extension Agreement (FEA) is for Oncor Electric DeLLC to bring power (electric service) to the Irving Convention Cennew duct bank from Fuller Drive along Las Colinas Blvd. This wprimary source of power for the facility.

4. There will be an additional FEA with Oncor to bring secondaryConvention Center from the north across Spur 348 after TxDOT cwork in the area; this is anticipated to come forward in June or July.

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9 Resolution -- Approving Change Order No. 3 to the Management at Risk (CMAR) Contract Between Austin Comand the City of Irving, Texas, for the Irving Convention Center

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

development of the Regional Activity District and Entertainment Cent

2. Impact: The scope of work changes will enhance the overall coproject which will generate additional visitor spending in Irving. Thinvolves deduct credits from contract savings, as well as additional w

3. The Beck Group, the Citys Owners Representative for the projecthis proposed change order and is recommending approval by the Ci

4. These revisions will add $28,833.00 to the Contract GMP (guaranprice). This is within the budget project owners contingency and thebudget will not be exceeded. The owners contingency ba$1,169,414.00 as a result of this change order and the companion cthe RMJM Hillier contract; the contractors contingency is at $2,246,5

5. The scope of work of this change order includes the following: PC 1to the flag poles in front of the building - $7,634.00; PC 31 add between the exhibit hall floor boxes to provide more flexibility with$8,349.00; PC 35 modify door types and functions in the back-olevel four to remedy egress concerns - $11,246.00; PC 37 removconduits from the exhibit hall floor boxes to simplify the electrical PC 47 revise flagpole from external halyard to an internal harequest - $6,337.00; PC 48 modify telecom conduits to allow for fle

service provider options - $6,337.00; PC 50 modify the MEP scopfood service design - $11,609.00; PC 54 revise select equconcession areas per operator chefs request ($24,978.00); PC 55size of the fire pump due to lower than expected water pressure$10,833.00; PC 58 revise select equipment in the production kitchchefs requirements ($36,173.00). See Beck recommendatiolisting.

6. Funding in the amount of $28,833.00 is available in the ConConstruction Bond Fund.

Recommendation


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10 Resolution -- Change Order No. 4 to Agreement BetweenIrving/Irving Convention and Visitors Bureau and RMJM Hillie(Formerly the Hillier Group Architecture New Jersey, Inc.) to

Architect for the Irving Convention CenterAdministrative Comments

1. This item supports Strategic Goal No. 3: Economic Development; development of the Regional Activity District and Entertainment Cent

2. Impact: The contract will impact the City of Irving residents convention center which will generate additional visitor spending in Ir

3. The Beck Group, the Citys Owners Representative for the projectwo proposals submitted by RMJM Hillier and is recommending theby the City.

4. The first proposal in the amount of $11,900.00 is for the revision to tand food service design and documentation services in coordinationfacility operator), the City of Irving, and the head chef for the ICC.

5. The second proposal in the amount of $5,200.00 is for architectural s

the driveway at Spur 348 based upon the coordination of the CityTxDOT, DART, and DCURD.

6. Change Order No. 4 incorporates the two proposals and increasesthe Architectural/Engineering Fee for the Master Agreement withGroup, Inc. by $17,100.00. This is within the Project Owners Conbudget and, therefore, does not impact the overall project budgetcontingency balance will be $1,169,414.00 as a result of this changcompanion change order for Austin Commercial; the contractors co

$2,246,587.00.


Recommendation


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11 Resolution -- Approving Change Order No. 2 to the Contract Strategic Communications (MSC) for Advertising Agency Rep


1. This item supports Strategic Goal No. 3: Economic DevelopmentGoal No. 6: Effective Communications.

2. Impact: The City will benefit by strategically promoting the imploStadium by bringing media attention and awareness to the City developmental opportunities for the site.

3. Change Order No. 2 is for additional work required for public relacoordination with Kraft foods sponsorship, additional support andcommercial film inquiries, and on-site media support across severaareas, including media credentialing, briefings and check-in.

4. Funding in the amount of $45,000.00 is available in the Texas StaFund.

Recommendation


Bids and Purchasing ItemsItems 12 - 18

12 Resolution -- Awarding the Maintenance Agreement to DLT

Oracle Software through the State of Texas Department ofResources (DIR) Program



2. This item has been recommended by Information TechnologyMaintenance/Support Task approved by the Technology Review Com

3. Impact: Crucial operating systems in the City, including financlocating, and record storage will continue to operate efficiently.

4. The Oracle Standard Premier Maintenance includes software updatelicensing for eight CPU licenses for Oracle Enterprise Edition DataCPU licenses for Oracle forms. This software is utilized for seveincluding Banner Brass OnBase and Geographic information Syste

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13 Resolution -- Rejecting the Proposals for Selection of

Printers/Copiers


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

2. This rejection has been recommended by Information Technology.

3. Impact: The Citys printer/copier needs will continue to be met bthrough a cooperative purchasing program as a cost avoidance m

upfront purchase price and recurring maintenance costs.

4. Leasing units also provides the opportunity to upgrade to techniproducts as they become available. Upgrades provide the City withbetter pricing to meet individual departments needs.

5. Ten proposals were received and it is recommended that we reject a

Recommendation

The resolution for rejection be approved.

14 Resolution -- Renewing the Annual Contract with Dallas OfPrinting of Resident Newsletter


1. This item supports Strategic Goal No. 6: Effective Communication.

2. This item has been recommended by Corporate Communications.

3. Impact: Residents continue to be informed of important City ievents in a timely manner.

4. This renewal establishes the continuation of an annual contract

publication and distribution of the monthly City Spectrum resident original contract was awarded on the basis of competitive bids.

5. Funding in the net estimated amount of $32,489.12 for the period othrough September 30, 2010, and in the net estimated amount of $71period of October 1, 2010, through May 31, 2011, is available in the

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15 Resolution -- Approving and Accepting the Bids of Burst Comand Audio Visual Services Group, Inc., dba PSAV (Presentafor Audio Video Equipment) for Irving Community Televis(ICTN)


1. This item supports Strategic Goals No. 6: Effective CommunicatioEnvironmentally Sustainable Community.

2. This item has been recommended by Corporate Communications.

3. Impact: This equipment enables ICTN to be tapeless in acquisitionability to export media directly to the Internet while replacing ten aequipment with more energy-efficient equipment.

4. Equipment is being purchased with the 50 user fee collected byCable and paid to the City. These funds must be used for capital pu

5. Funding in the net amount of $143,830.00 is available in the GeneraVendor Item

Burst Communications 1 anAudio Visual Services Group, Inc., dba PSAV Presentation Services 3

Total Amount

Recommendation


16 Resolution -- Approving Change Order No. 1 with Martin Eagleto Extend the Contract Period for Diesel/Biodiesel Fuel

1. This item supports Strategic Goals No. 8: Sound GovernanceEnvironmentally Sustainable Community.

2. This item has been recommended by Intergovernmental ServicOperations.

3. Impact: This change order will extend the annual contract to run t2010, with the same favorable pricing providing an uninterrupdiesel/biodiesel fuel for City vehicles, equipment, and emergency gen

4. This fuel contract was awarded utilizing the City of Fort Worth annuaextension allows time for staff to determine the best option for the C

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17 Resolution -- Renewing the Annual Contracts with Master CleaInc., and MedWaste Solutions, Inc., for Janitorial Supplies


1. This item supports Strategic Goals No. 8: Sound GovernanceEnvironmentally Sustainable Community.

2. This item has been recommended by Intergovernmental ServicOperations.

3. Impact: City facilities are kept clean and sanitary for employe

through use of environmentally friendly products.

4. This renewal establishes the continuation of annual contracts to psupplies. The vendor for Group IIB is unable to renew their contrpurchase these items as needed with the appropriate purchasingoriginal contract was awarded on the basis of competitive bids.

5. Funding in the net estimated amount of $57,551.29 for the period othrough September 30, 2010, and in the net estimated amount of $41

period of October 1, 2010, through March 31, 2011, is available iFund, subject to funds being appropriated in Fiscal Year 2010-11.

Vendor Item(s)FY09-10Est. Exp.

FY10-11Est. Exp

Master Cleaning Supply, Inc. Group I $36,224.57 $25,874.70MedWaste Solutions, Inc. Group IIA $21,326.72 $15,233.37

Total Est. Amount $57,551.29 $41,108.07

Recommendation


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18 Resolution -- Renewing Annual Contracts with Holt Texas, L

Cat; Landmark Equipment Co., Inc.; Conley Lott Nichols of TeStewart & Stevenson LLC, to provide Heavy Equipment Mainte



2. This item has been recommended by Intergovernmental Services F

3. Impact: These annual contracts will keep the Citys heavy equipme

maintained with minimum downtime, keeping service levels high.

4. This renewal establishes the continuation of annual contracts tomaintenance, and repairs for each original equipment manufacturewhile routine preventive maintenance continues to be performed staff.

5. Funding in the net estimated amount of $67,100.00 for the period othrough September 30, 2010, and in the net estimated amount of $the period of October 1, 2010, through May 31, 2011, is availableFund, subject to funds being appropriated in Fiscal Year 2010-11.

Vendor Item(s)FY09-10Est. Exp.

FY10-Est. E

Holt Texas, LTD, dba HoltCat

1 & 5, Caterpillar In and Out ofWarranty

$25,000.00 $ 50,00

Landmark EquipmentCo., Inc.

2 & 6, Ford Tractors In and Outof Warranty

$21,700.00 $ 43,30

Conley Lott Nichols ofTexas, Inc.

11, Morbark In and Out ofWarranty; 14, Bobcat In and

Out of Warranty; and 16,Ingram In and Out of Warranty

$ 8,700.00 $ 17,30

Stewart & Stevenson LLC All of 17, Detroit $11,700.00 $ 23,30Total Est. Amount $67,100.00 $133,90

Recommendation


End of Bids

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19 Ordinance -- Calling the City of Irving, Texas, Special ElePurpose of a Home Rule Charter Amendment to be Held on

Providing Propositions for Signing Contracts, Repealing theTreasurer, for the Issuance of Bonds and Warrants, and fRetirement Contributions



2. Impact: There are four amendments proposed to be placed before th

residents this May.3. The topics to be considered include:

Authorize the Chief Executive or Chief Executives Designee to S

Repealing the Position of Treasurer Issuance of Bonds and Warrants Remove cap on Retirement Contributions

Recommendation

The ordinance be adopted.

20 Ordinance -- Authorizing the Partial Abandonment of a 15-F

Easement Located at 4760 Hanson DriveAdministrative Comments


2. Impact: The partial abandonment of the drainage easement will alloowners to redevelop the site.

3. The property owners have removed the previously installed drainage

and relocated them to the newly dedicated drainage easement along4. The requirements of the City of Irving have been satisfied and

objections to the request.

Recommendation

The ordinance be adopted

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21 Ordinance -- Amending Ordinance No. 9003 by Approving aClassified Personnel for the Fire Department; Providing for aClause; Effective March 5, 2010

Administrative Comments1. This item supports Strategic Goal No. 8: Sound Governance.

2. A Council ordinance is required to establish the schedule of classifiethe Police and Fire Departments.

3. This will reflect revisions to the Fire Department schedule to iLieutenants and 117 Firefighters.

RecommendationThe ordinance be adopted.

ZONING CASES AND COMPANION ITEMS

22 Resolution -- Requesting Sign Variance Case No. S0912-001

7403 North Macarthur Boulevard -Yogurt Zone, Applicant - FOwner (Postponed from the February 4, 2010 City Council Mee



2. Impact: This sign variance will enhance the signage for a busiMacArthur Blvd. by improving the visibility within the shopping cennegative impacts on MacArthur Blvd.

3. The applicant requests approval to install a 61.25 square foot wall selevation, which is not the front faade.

4. Section 7-3 (14) of the City of Irving Land Development Code statesshall be located only on the front faade. Section 7-1 defines fronface of the building which faces a public street; or where no building public street, the faade which contains the door open to the public d

hours.5. Section 7-22 of the Land Development Code authorizes the City Co

variance to the sign regulations.

6. Since the proposed signage is compatible with the existing signage center, and since the proposed signage does not directly face MacA

Ki t P k t ff t thi t

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23 Ordinance -- Zoning Case #ZC09-0061 - Granting S-P-2 (GenPlan) for P-O (Professional Office) District and Restau

Approximately 2.9 Acres Located at 204 East AirportHealthspace JVI, LLC, Applicant - Argonaut Holdings, (Postponed from the January 14, 2010 City Council Meeting)


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

2. Planning and Zoning Commission Hearing Date and Recommenda

21, 2009 - Postpone indefinitely, 8-0 (Commissioner LaRose, abse2010 Favorable with the stipulation that the site plan be revised to as a permitted use and to correct the landscaping notes, 7-0 (CRandall and Zapanta, absent).

3. The applicant is requesting to rezone the property for medical officuses, and restaurant uses.

4. The property is currently developed with a 15,659 square foot singl

and was previously used for an automobile sales lot. The property hfor several years. The applicant is wishing to rezone the property existing building for medical offices and services, and a restaurant.

5. This property is within the proposed State Highway 183 Overlay being impacted by right-of-way acquisition along the frontage. Stafproposed Overlay District with the applicant, who agreed tolandscaping and a revised parking layout in keeping with the pro

standards. A 30 ft. deep landscaped buffer is being provided iproperty line, along with a landscaped buffer on both sides and lanwithin the parking lot. New landscaping and trees are also proposeareas behind the building.

6. The applicant proposes to do minor interior renovations to the buadditional medical office space and restaurant. Enhancements will athe exterior. Although these enhancements do not meet all of tdesign standards, staff believes they meet the intent.

7. Staff believes this proposed redevelopment is consistent with theredevelopment of the State Highway 183 corridor, and can serve ashow existing properties can be improved.

8. The stipulation of the Planning and Zoning Commission has been me

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24 Ordinance -- Zoning Case #ZC09-0066 - Granting S-P-1 (Detaifor Grocery Store or S-P-2 (Generalized Site Plan) for C-N (N

Commercial) uses - Approximately 1.7 Acres Located at 91Boulevard (Southwest Corner of Irving Boulevard and Third SInc., Applicant - SDNarod Enterprises, Owner (PostponFebruary 4, 2010 City Council Meeting)


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

2. Planning and Zoning Commission Hearing Date and Recommendati2010 - Postpone to February 1, 2010, 8-0 (Commissioner LaFebruary 1, 2010 Denial, 4-3 (Commissioners Spurlock, Gregorynay; Commissioners Randall and Zapanta, absent). March 1, 2010 -

3. The Comprehensive Plans Future Land Use Map recommendRedevelopment Corridoruses for this property. This request is in cothe Comprehensive Plan.

4. On February 4, 2010, the applicant presented to the City Council proposed a 16,657 sq. ft. grocery store placed along the western prosubject property. The site plan included a 17% parking variancprovided versus 84 required). Staff recommended denial of the creasons. The Planning and Zoning Commission had voted 4-3 to recCity Council that the request be denied.

5. The City Council postponed final action and sent the case back to t

for further consideration. The applicant was advised by the City Cothe site plan so that adequate visibility could be maintained for the west and to address the loading dock orientation away from Irving Bo

6. The applicants current site plan proposes a new 16,657 square feelocated at the south end of the site. The building is to be constructebrick veneer with building articulation on all sides and an entry featuwindows. This complies with the Commercial Design Standards ordin

7. The new site plan includes 75 parking spaces, and the applicant parking variance of 9 spaces (11%) from the 84 spaces required bthis development.

8. The building has a setback that varies between 100 and 200 feet fro15 feet from Third Street, and 6.5 feet from the west property lineentrances are proposed; one on Irving Blvd and one on Third St

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10.Staff cannot support the request for three reasons: First, an objectiveis to make the corridor more pedestrian friendly, with buildings addrefront more directly with reduced setbacks and less oriented toward pproposed site plan does not meet that objective. Second, loading

doors should not face directly on a major arterial. Finally, the procount does not adequately provide what is needed for a stand-alonfacility.

11.While changing the loading dock to face the rear of the propeAlternative B) would address some of staffs concerns, staff canncase due to the reasons stated above. However, during the coursecase, staff realized the current C-C (Community Commercial)

property is also inappropriate, as it could allow a new commerciaconstructed on the western property line 15 feet from Irving Boublocking all visibility of the adjacent property from the corridor.

Accordingly, should the applicants site plan (Site Plan Alternative plan with the rear loading dock (Site Plan Alternative B) be deniCouncil or rejected by the applicant, staff recommends approvaAlternative C, which is a S-P-2 (Generalized Site Plan) for C-N Commercial) uses that preserves a visual corridor and approprsetbacks for the adjacent property.

12.Staff does not support leaving the property zoned C-C, due to potential negative effects on the adjacent property, both by blockingthe adjacent development from Irving Blvd. and not providing tsharing parking and access with that development. Staff recommend

Alternative C be approved to provide adequate setback fromdevelopment. This site plan has a 170-ft. setback from Irving Blvd. oto allow visibility. The setback would then vary to 15 feet off Irvinnortheast side of the property and 10 feet off Third Street. This wadequate building area, landscaping and parking for development15,000 square foot building in full conformance with the Citylandscaping requirements could be developed under this proposal.

13.Public notices were sent to sixteen property owners. None was recand three (3) were received in opposition. The opposition representsproperty within 200 feet. A vote of the City Council is required request.

Recommendation

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APPOINTMENTS AND REPORTS

25 Resolution -- Appointment to the Irving Arts Center Citizen In

a Term Expiring January 2011Administrative Comments

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

2. Impact: The citizens in-put committee will allow Irving residents grat the Irving Arts Center.

3. The members of this committee will be jointly appointed by the CArts Board, with the purpose to examine the arts services being offewhat needs are not being met, and more effectively serve the residen

Recommendation


26 Resolution -- Confirming the Appointment by the City MCommissioner to Serve on the Fire Fighters and Police OService Commission to a Term Expiring November 2012



2. Impact: This Commissions decisions are final, on cases dealingPolice personnel and continuity of service on this board is an asset to

3. City Manager Tommy Gonzalez appoints and recommends confmembers on the Civil Service Board. This is a three-member board.

Recommendation


27 Mayors Report

Adjournment

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WORK SESSION MEETING OF THE IRVING CITY COUNCILMEETING MINUTESFebruary 17, 2010

The Irving City Council met in work session February 17, 2010. The following m

present/absent:

Attendee Name Organization Title Status

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 PresentJoe Philipp Irving City Council Councilman Present

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

Mayor Herbert Gears called the meeting to order at 11:00 AM.

DISCUSSION TOPIC

1 Introduction of City Council Cycle Participants

Executive Assistant Linda Murray presented the following City Council Cycle PaMichell Adams, Web Content Specialist with Corporate CommunicationsRobert Longhorn, Landscape Architect

2 Review of Regular Agenda

The following regular agenda items were reviewed and discussed:

1 City Managers Report

City Manager Tommy Gonzalez introduced Police Chief Boyd. Chief that there is a new logo that will be implemented on the police v

additional cars are rolled out within the department.

5 Resolution -- Approving a Professional Services Agreement with GProvide Consultant Services Within Tax Increment Reinvestment Zo

Staff requested that this item be pulled from the agenda. It will be broug

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City CouncFe

16 Ordinance -- Zoning Case #ZC09-0043 - Granting S-P-2 (Generalized

C-O (Commercial Office) and Senior Living Facility Uses - ApproAcres Located at 3501 North MacArthur Boulevard - BaldwiApplicant - SCS Capital Group, LLC, Owner (Postponed at the JanCity Council Meeting)

Staff indicated the applicants request for indefinite postponement.

17 Ordinance -- Zoning Case # ZC09-0055 - Granting S-P-2 (Generali

for Townhouse, Retail and Mixed Uses - Approximately 4.98 ABetween South Delaware Street, South Britain Road, East SeconEast Fourth Street - Heritage District, LLC, Owner/Applicant

Staff indicated the applicants request for postponement to April 1, 2010

19 Resolution -- Confirming the Appointment by the City MCommissioner to Serve on the Fire Fighters and Police OfficersCommission to a Term Expiring November 2012

City Manager Tommy Gonzalez indicated that Richard Schleier will be cappointment to serve on the Fire Fighters and Police Officers Civil ServCommission.

3 Discussion--Potential Issues for a May 2010 Home Rule Charte

Election

Chief Financial Officer Max Duplant spoke regarding the issues as thediscussion for a Charter Amendment as it relates to the current capemployee retirement benefit contributions from the City.

The Council discussed at length the options available to remove, to adjCharter cap and the ability to provide a cost of living adjustment (COLA

retired employees. Future state legislation regarding TMRS contribusuggested.

Charter amendments can only be held once every two years; therequested that the City Attorney review the additional items that were rethe Charter Review Committee.

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City CouncFe

EXECUTIVE SESSION

City Attorney Charles Anderson read the Mayor and Council into Executive Sep.m.

4 City Attorney - Personnel

5 Litigation - Keith Lepak, et al. vs. City of Irving

Mayor Gears announced that the Council will now reconvene in Open Session.12:45 PM.

The meeting was adjourned at 12:45 p.m.

_______________Herbert A

ATTEST:

______________________

Shanae Jennings, TRMCActing City Secretary

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REGULAR MEETING OF THE IRVING CITY COUNCILMEETING MINUTESFebruary 18, 2010

~

The City Council met in regular session in the Council Chambers of the CityComplex on Thursday, February 18, 2010. The following members were prabsent:

Attendee Name Organization Title Status

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 Absent

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

ORGANIZATIONAL SERVICE ANNOUNCEMENTS

Leanne Weymouth, 5221 N. OConnor, Irving, TX - Ms. Weymouth is a membe

census. A postcard will go out at the end of the month to every resident regardin

Surveys go out March 19, 2010 and are due April 1, 2010. Irving residents are b

recruited to assist with this effort. Call 1-866-861-2010 if you have any questions.

Colvin Gibson, 2110 Texas Ash Drive, Irving, TX - Mr. Gibson wanted to announwinning jazz vocalist performances at the Carpenter Performance Hall at the Irvin

tomorrow evening. Additionally, they will return Sunday at 5:00 p.m. for the Afric

history show called The Birth of a Rhythm. A reception will follow and both perf

free of charge. They are also both part of the Harlem Renaissance Season.

INVOCATION

The invocation was delivered by Pastor Pedro Portillo of Santa Maria Lutheran CCity Of Irving, Texas.

PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge

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City CouFebru

Mayor Herbert Gears presented a proclamation to Jason Carrier, Assistan

Management Coordinator for the City of Irving, proclaiming February 21-27, 201

Weather Awareness Week.

Mayor Herbert Gears recognized Coach Natasha Mitchell for generously voluntee

to coach and mentor the West X-press cheerleading group, which represents the C

CITY COUNCIL AGENDA

1 City Managers Strategic Plan Update

City Manager Tommy Gonzalez introduced goal three video of the Coun

plan and opportunities to take advantage of ICTN. He then showed an ope

video which shows what the departments are doing within the community.

CONSENT AGENDA

Motioned by Councilwoman Cannaday, seconded by Councilman Patrick to

items 2 through 15 on the consent agenda, and postpone item 5 to the April

City Council meeting.

Motion Approved 8-0

2 Approving Minutes for Wednesday, February 03, 2010

Approving Minutes for Thursday, February 04, 2010

3 Resolution No. RES-2010-48 -- Authorizing the Mayor to EnAgreement with Dallas County Elections Department to Administer Municipal Election to be Held on Saturday, May 8, 2010, for theElecting City Council Places One, Two, and Seven, and Calling a

Run-Off Election If Necessary

RESULT: ADOPTED [UNA

MOVER R C d C

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City CouFebru

4 Resolution No. RES-2010-49 -- Authorizing the Destruction Records in Accordance with the City of Irvings Records Managemen


MOVER: Rose Cannaday, Cou

SECONDER: Lewis Patrick, C

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

ABSENT: J

5 Resolution No. RES-2010-50 -- Approving a Professional Serviceswith Gideon Toal to Provide Consultant Services Within TaxReinvestment Zone No. 1

RESULT: POSTPONEDNext: 4/1/201

6 Resolution No. RES-2010-51 -- Approving Municipal Setting DesRestrictive Covenants for Property Located at or Near 2200 to 2Grove Road, TSCA-222 Limited Partnership, Owner





ABSENT: J

7 Ordinance No. ORD-2010-9166 -- Amending Section 21-87 of ChapCode of Civil and Criminal Ordinances of the City of Irving, Texas School Zone on East Grauwyler Road from 500' West of Milner Roa

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ABSENT: J

8 Ordinance No. ORD-2010-9167 -- Amending Section 21-88 of Chap

Code of Civil and Criminal Ordinances of the City of Irving, Texas Speed Limit of 55 MPH on Spur 482 from the West End of the Bridge East to the Dallas City Limits; 60 MPH on Spur 482 from the the Trinity River Bridge West to SH 183 and 55 MPH on IH635 Fronfrom Olympus Boulevard to Belt Line Road





ABSENT: J

9 Resolution No. RES-2010-52 -- Authorizing the First Renewal TermLease Amendment Agreement for the Lease of Property Located atBelt Line Road for the Northwest Branch Library





ABSENT: J

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ABSENT: J

11 Resolution No. RES-2010-54 -- Approving Change Order No.

Contracting, L.P., for the MacArthur Pump Station




AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, CannaABSENT: J

12 Resolution No. RES-2010-55 -- Approving and Accepting the Resource Rescue, Inc., for an Annual Contract for the Citizen RecyOff Program





ABSENT: J

13 Resolution No. RES-2010-56 -- Approving an Agreement BetweenIrving and the City of Allen to Establish a Mutual Cooperative Program

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ABSENT: J

14 Resolution No. RES-2010-57 -- Renewing the Annual Contract

Technologies, Inc., and DMI Technologies, Inc., for Network Cabling




AYES: Gears, Van Duyne, Meagher, Patrick, Stopfer, Smith, CannaABSENT: J

15 Ordinance No. ORD-2010-9168 -- Authorizing the Partial AbanImperial Drive Right of Way Within Lot 3, Block A, Don HerrinAddition Located at 3125 West Airport Freeway





ABSENT: J

ZONING CASES AND COMPANION ITEMS

16 O di N ORD 2009 9142 Z i C #ZC09 0043 G

Ci C

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RESULT: POSTPONED [UNA


SECONDER: Allan Meagher, C


ABSENT: J

17 Ordinance No. ORD-2010-9169 -- Zoning Case # ZC09-0055 - Gr

(Generalized Site Plan) for Townhouse, Retail and Mixed Uses - A4.98 Acres Located Between South Delaware Street, South BritainSecond Street, and East Fourth Street - Heritage District, LLC, Owne

It was requested that this item be postponed to the April 1, 2010 meeting.

RESULT: POSTPONED [UNANext: 4/1/201

MOVER: Lewis Patrick, C



ABSENT: J

18 Ordinance No. ORD-2010-9170 -- Zoning Case ZC09-0076 - Gra(Detailed Site Plan) for Monument Sign - Approximately 18 Square Fat 401 West Sixth Street (Northwest Corner of Sixth Street anBoulevard) - Sunny Food Mart #3, Owner/Applicant

Mayor Gears opened the public hearing at 7:38 p.m.Walter Blackman, 41 West Sixth Street, Irving, Texas - Mr. Blacarchitect for the site plan on this item and he would like the sign to beMayor Gears closed the public hearing at 7:39 p.m.


Cit C

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APPOINTMENTS AND REPORTS

19 Resolution No. RES-2010-58 -- Confirming the Appointment Manager of a Commissioner to Serve on the Fire Fighters and PoCivil Service Commission to a Term Expiring November 2012

It was requested that this item be postponed to the March 4, 2010 me

RESULT: POSTPONED

Next: 3/4/201

20 Resolution No. RES-2010-59 -- Approving the Purchase from SamStar Ford for Pickups through the State of Texas Term Contract Purchasing Program


MOVER: Thomas Spink, C



ABSENT: J

21 Mayors Report

Mayor Gears had no report at tonights meeting.

22 Adjournment

The meeting adjourned at 7:45 p.m.

Citizens Forum

Lucia Rottenberg, 2220 Indian Creek Drive, Irving, TX - stated that she would like

kudos to staff for clearing all the main streets during the snow storm, they did a

City Cou

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Joe Mapes, 504 N. Main, Euless, TX - Mr. Mapes didnt feel there was a lot of abil

to provide input during committee meetings; however, a lot of information that

during these committee meetings is not relayed or posted to the website. He would

report or minutes of these meetings posted. He also noticed that a Town Ha

scheduled for March 30, 2010. He would like to see residents be given the o

interact and speak at these meetings with the elected officials.

Herbert A. Gears, Mayor

ATTEST:

Shanae Jennings, TRMC

Acting City Secretary

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AGENDA ITEM SUMMARY

Meeting: 3/4/2010Recommending Department: Real Estate & Development

Resolution -- Authorizing the Mayor to Execute an AgreemenCommunications Facilities License to Verizon Wireless to UsProperty Located at Texas Stadium for the Term of FiveProviding an Effective Date



2. Impact: This agreement will generate $20,000.00 in new revenannually.

3. Verizon Wireless is requesting that the City grant a license to plawithin ONCORs existing overhead electrical transmission tower Texas Stadium site.

4. The license agreement will be for an initial term of ten years with pmay be extended an additional 15 years in five year increments, foyears. The renewals are at both the citys and Verizons option.

5. The initial rate is $20,000.00 per year with an automatic 3% annualrate. Over the life of the 25-year agreement, this lease could $500,000.00.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By:

Previous Action: N/A Council Action: N/A

ATTACHMENTS:RES Agree Verizon Cell Tower Lease Tx Stadium (PDF)

CURRENT YEAR FINANCIAL IMPACT:

None

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3242)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVIN

SECTION I. THAT the City Council hereby approves the attached license agreem

City of Irving and Verizon Wireless granting a license for use

located at Texas Stadium for a term of five years, and the Mayor

execute said agreement.

SECTION II. THAT this resolution shall take effect from and after its final date of

accordingly so ordered.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRV

on March 4, 2010.

__________________________

HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae Jennings


APPROVED AS TO FORM:

_______________________________

Charles R. Anderson

City Attorney

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AGENDA ITEM SUMMARY


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Recommending Department: Real Estate & Development

Resolution -- Approving a Chapter 380 Economic DevelopmeAgreement with Heritage District, LLC, to Provide Funding fInterest Payments to Comerica Bank



2. Impact: This agreement will maintain the Comerica Bank credit fprovided funding for the Heritage Crossing Project.

3. This incentive agreement will provide the funds to Heritage Districquarterly interest payments to service the Comerica Bank credit advanced by the City will be repaid at the time the Delaware Towland is taken out of the credit facility.

3. Funding in an amount not to exceed $500,000.00 is available in

Development Fund.

Recommendation



Contract Required: Yes Review Completed By: Karen Br

Previous Action: N/A Council Action: N/A.

ATTACHMENTS:

RES Chapt 380 Heritage Dist for Comerica Bank Quarterly Interest (PDF)


1020-2906-56501-907064 Budget: $500,000.00 Actual: $500,000.0Budget Adjustment/Transfer Required: No

REVISION INFORMATION:

P d 2/18/2010 02 57 PM b C thi C t

CITY OF IRVING


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SECTION I. THAT the City Council hereby approves the attached ChapteAgreement for Economic Development Incentives between the CiHeritage District, LLC, to fund quarterly interest payments to Comeamount of $500,000.00, and the Mayor is authorized to execute said a

SECTION II. THAT this expenditure shall be charged to Account No. 1020-2906-5

SECTION III. THAT this resolution shall take effect from and after its final date of accordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXP

__________________________________Max S. Duplant, CPA

Chief Financial Officer

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IR

on March 4, 2010.

__________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae JenningsActing City Secretary


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AGENDA ITEM SUMMARY


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Resolution -- Approving a Sales Contract for the Acquisition Family Residence Located at 1920 West Shady Grove RoadBurnett and Guadalupe Burnett, Property Owners



2. Impact: Acquisition of this property will allow flexibility in the futurestreetscape opportunities along Shady Grove Road.

3. The owner is willing to sell the property at the value of approximsquare foot land value, for a total of $35,000.00. In addition to the the City is expected to incur no more than $3,000.00 in closing costs

4. Funding in the amount of $38,000.00 is available in the Street ImpFund.

Recommendation



Contract Required: Yes Review Completed By:

Previous Action: N/A Council Action: N/A

ATTACHMENTS:

Acq 1920 W Shady Grove - Burnett Map(PDF)

RES Acq 1920 W Shady Grove - Burnett Contract (PDF)




CITY OF IRVING


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SECTION I. THAT the City Council hereby approves the attached Sales ContracBurnett and Guadalupe Burnett in the amount of $35,000.00, plus cloexceed $3,000.00, for the acquisition of a residential property locatShady Grove Road, and the Mayor is authorized to execute said conconveyance documents.




__________________________________Max S. Duplant, CPA



on March 4, 2010.

__________________________HERBERT A. GEARS

MAYOR

ATTEST:


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Prepared: 2/19/2010 08:40 AM by Carol BoyerL U d d 2/26/2010 08 24 AM b J Kilb

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Last Updated: 2/26/2010 08:24 AM by Jane Kilburn

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on March 4, 2010.

__________________________

HERBERT A. GEARSMAYOR

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ATTEST:

_______________________________Shanae Jennings



_______________________________Charles R. AndersonCity Attorney

CITY OF IRVING/IRVING CONVENTION AND VISITORS BUREAUSALESMANSHIP CLUB CHARITABLE GOLF OF DALLAS, INC.

2010 HP BYRON NELSON CHAMPIONSHIP AGREEMENT

This Agreement is made and entered into by and between the SALESMANSH

GOLF OF DALLAS INC having principal offices in Dallas Dallas County Texas(hereinafter r

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GOLF OF DALLAS, INC., having principal offices in Dallas, Dallas County, Texas(hereinafter r

and the CITY OF IRVING, a home rule municipality on behalf of the IRVING CONVENTION A

(hereinafter referred to as IRVING CVB).

I.

The SCCGD agrees to provide the following facilities, services and amenitie

A. Host City Sponsorship

Include Mayor of Irving or other dignitaries in the opening ceremony for a photo

Include Mayor of Irving in the circle of dignitaries in the closing ceremony

Continue to promote the City of Irving at both information centers, in the merchan

Way and at the Byron Nelson Circle

Incorporate Irving Host City volunteers into full Salesmanship Club volunteer cor

Encourage media to use datelines and on-air references to Irving, Texas

Media Center Access / Visibility

Sign promoting Irving as the host city in the media center

Irving, Texas on outgoing faxes

Media Challenge

Representation at the HP Byron Nelson Championship media challenge when s

B. Media Center Co-Sponsorship

Two (2) IRVING CVB Media Center signs inside and one outside to be produced

design and size to be mutually agreed upon.

IRVING CVB logo and promo line on media center fax coversheet; coversheet wil

with review/approval by Irving CVB.

One (1) IRVING CVB sign in Media dining area to be produced by SCCGD; designagreed upon.

Gifts for media provided by IRVING CVB. Gifts may be imprinted with Tourna

expense if SCCGD so chooses.

D. Acknowledgement and Public Relations

Souvenir Tournament Program

One (1) full-page acknowledgement on the inside cover of the Championship Sou

to be provided by IRVING CVB according to SCCGD guidelines provided separa

Listing as host city, media center co-sponsor and balcony villa sponsor

Provide 1 000 souvenir tournament programs for distribution to local hotels and

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Provide 1,000 souvenir tournament programs for distribution to local hotels and

Newspaper

Include the Irving Welcomes the PGA TOUR logo on two (2) HP Byron Nelson C

Dallas Morning News.

Include Irving, Texas in dateline under Championship logo in three (3) ads in Th

Daily Pairings

One (1) half-page acknowledgment located in the Daily Pairings printed Wednes

Championship week. Artwork to be provided by IRVING CVB according to SCC

separately.

E. Amenities

Three (3) balcony villas Wednesday, May 19, through Sunday, May 23, 2010.

those days from one (1) hour before play commences until one (1) hour after play

and beverage provided by the Four Seasons Resort and Club are not included

SCCGD.

Internet access in the balcony villas

Seventy-two (72) white plastic arm chairs

Six (6) 8 x 30 tables

Twenty-four (24) 3 round tables

One (1) 6 table

Two (2) Gold Pro-Am positions

Four (4) Classic Pro-Am positions

Three (3) corporate gift packages and $1,800 in merchandise credit in Champio

Two (2) Gold gift packages

Four (4) Classic gift packages

Seven hundred (700) any day pavilion tickets to tournament

Two hundred sixteen (216) balcony villa tickets per day for Wednesday, ThursdaSunday.

Six (6) Media Access Photo ID Badges

Nine (9) Byron Nelson Way Courseside parking passes

II.

SCCGD agrees that all press releases prepared and issued by SCCGD abou

will reference Dateline: Irving, Texas.

III.

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SCCGD provides a Sponsorship Fulfillment Report following the Championship to IR

IV.

The sponsorship and privileges being purchased hereby are personal to IRVING CVB

or transferred without prior written consent of SCCGD. Any attempt to do so will constit

sponsorship rights and privileges without refund of any deposit or payment.

V.

CITY OF IRVING/IRVING CVB will be added as an additional insured to the SCCGDs

policy. SCCGD shall maintain commercial general liability coverage in amounts not les

occurrence, $2,000,000 general aggregate. A copy of the insurance certificate will be mailed t

IRVING/IRVING CVB shall obtain and maintain commercial general liability insurance coverag

$1,000,000.00 per occurrence and $2,000,000.00 general aggregate, shall name SCCGD as a

policy and shall deliver a certificate of insurance evidencing such coverage to SCCGD on or

VI.

Either party shall have the right to terminate this Agreement in the event that the other voluntary bankruptcy or makes an assignment for the benefit of creditors, or upon other ac

voluntarily or involuntarily, under any federal or state law for the benefit of debtors by such part

petition in involuntary bankruptcy against such party which is dismissed within thirty (30) days the

any litigation which adversely affects the other party; (iii) breaches any material provision of th

breach continues for five (5) days after notice and opportunity to cure with respect to a monet

(30) days after notice and opportunity to cure with respect to a non-monetary default; or (iv) e

which constitutes bad faith, willful malfeasance or material violation of applicable law. Upo

parties will use their reasonable efforts to remove all reference to the other party from sign

materials.

VII

which is an indemnity obligation of the indemnifying party, provided that the indemnified pa

indemnifying party in its defense and provided further that the indemnifying party has the right to

settlement of any claims, suits or other proceedings.

VIII.

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Any delay or failure of either party to perform its obligations hereunder shall be excus

caused by an event or occurrence beyond the party's reasonable control such as, by way of ex

limitation: acts of God, actions by governmental authority, actions by the PGA TOUR, Inc. or th

& Club, public emergency or calamity, terrorist acts, natural disasters, wars or sabotage; prov

force majeure promptly notifies the other party in writing of the event of force majeure, the an

event of force majeure, and the steps being taken to remedy the failure. Should the event of fo

the HP Byron Nelson Championship (hereinafter referred to as the BNC) not being held at on

at the Four Seasons Resort & Club in Irving, Texas, being either the Tournament Players Co

Valley Course, or such event is otherwise canceled by official ruling of the PGA TOUR, Inc.; or

being played on the golf hole where IRVING CVB's venue is located and IRVING CVBs venu

another mutually satisfactory location, either party may terminate this Agreement and IRVING

pro-rata refund of any sponsorship fee paid, (based on the benefits which cannot be provided

such force majeure event less any costs incurred related to this Agreement, each as dete

commercially reasonable manner). Notwithstanding the foregoing, (1) if any portion of the BNCa lesser number of days or holes played due to inclement weather, or (2) if a portion of the BN

other than the Tournament Players Course at Las Colinas and IRVING CVBs venue is not o

complete absence of the BNC being played on the golf hole where IRVING CVBs venue is lo

not be deemed events of force majeure and shall not be grounds for termination of this Agre

IX.

Except for damage caused solely by SCCGD or its contractors, CITY OF IRVING/IRV

liable and responsible for any damage to the hospitality venue and within ten (10) days after de

reimburse SCCGD for all costs of labor and materials paid or incurred by SCCGD in order to r

X.

CITY OF IRVING/IRVING CVB agrees to pay $179,000 in consideration fo

facilities, services, and amenities. CITY OF IRVING/IRVING CVB agrees to pay one-quarter o

thousand seven hundred fifty dollars -- $44,750) on or before March 15, 2010; one-half of t

thousand five hundred dollars -- $89,500) on or before May 7, 2010; and the remaining one-qu

four thousand seven hundred fifty dollars -- $44,750) on May 24, 2010.

XI.

The terms, obligations, and requirements of the Agreement shall be construe

laws of the State of Texas. The obligations and requirements of the parties hereto are perforTexas.

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XII.

This document embodies the entire Agreement between CITY OF IRVING/ IR

and supersedes all prior agreements and understandings relating to the subject matter thereo

not be changed orally, but ONLY by an instrument in writing signed by the party against wh

change, waiver, discharge or termination hereof is sought.

EXECUTED this the _____ day of ______, A.D. 20___.

ATTEST: SALESMANSHIP CLUB CHARITABL

George K. ConantTournament Chairman

ATTEST: CITY OF IRVING

Shanae Jennings Herbert A. Gears, MayorActing City Secretary


Charles R. AndersonCity Attorney

MAYORS ACKNOWLEDGMENT

THE STATE OF TEXAS

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COUNTY OF DALLAS

BEFORE ME, the undersigned authority, a Notary Public in and for said Counpersonally appeared Herbert A. Gears , the Mayor of the City of Irving, Texas, a municipal cto be the person and officer whose name is subscribed to the foregoing instrument and acknosame was the act of the City of Irving, Texas, a municipal corporation, that he was duly authoriz

by appropriate resolution of the City Council of the City of Irving and that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE this _______ day of __________

Notary Public in and for the State of Texas

My Commission Expires:

____________________

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AGENDA ITEM SUMMARY

Meeting: 3/4/2010Recommending Department: Irving Convention & Visitors Bureau

Resolution -- Approving Oncor Electric Delivery Company LLExtension Agreement for the Extension of Company DelivF ili i h I i C i C

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Facilities to the Irving Convention Center



2. Impact: This agreement relative to the construction of the Irving Conwill impact the City of Irving residents when the convention ceadditional visitor spending in Irving.

3. This Facilities Extension Agreement (FEA) is for Oncor Electric DeLLC to bring power (electric service) to the Irving Convention Cennew duct bank from Fuller Drive along Las Colinas Blvd. This wprimary source of power for the facility.

4. There will be an additional FEA with Oncor to bring secondaryConvention Center from the north across Spur 348 after TxDOT cwork in the area; this is anticipated to come forward in June or July.

5. Cost for both FEAs is estimated to be $315,000.00 and is includeproject budget as part of the soft costs. The cost for this initial FEA


RecommendationThe resolution be approved.


Contract Required: Yes Review Completed By: Karen Br

Previous Action: Council Action:

.

ATTACHMENTS:

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CITY OF IRVING


WHEREAS, the construction of the Irving Convention Center promotes convention and hotel industry;

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves the attached Facilities Exte

between the City of Irving and Oncor Electric Delivery Compaextension of Company Delivery System facilities to the Irving Convthe amount of $62,485.00, and the Mayor is authorized to execute sai



THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPEN

__________________________________Max S. Duplant, CPA



on March 4, 2010.

__________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae Jennings

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AGENDA ITEM SUMMARY

Meeting: 3/4/2010Recommending Department: Irving Convention & Visitors Bureau

Resolution -- Approving Change Order No. 3 to the CManagement at Risk (CMAR) Contract Between Austin Command the City of Irving Texas for the Irving Convention Center

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and the City of Irving, Texas, for the Irving Convention Center


1. This item supports Strategic Goal No. 3: Economic Development; development of the Regional Activity District and Entertainment Cent

2. Impact: The scope of work changes will enhance the overall coproject which will generate additional visitor spending in Irving. Thinvolves deduct credits from contract savings, as well as additional w

3. The Beck Group, the Citys Owners Representative for the projecthis proposed change order and is recommending approval by the Ci

4. These revisions will add $28,833.00 to the Contract GMP (guaranprice). This is within the budget project owners contingency and thebudget will not be exceeded. The owners contingency ba$1,169,414.00 as a result of this change order and the companion cthe RMJM Hillier contract; the contractors contingency is at $2,246,5

5. The scope of work of this change order includes the following: PC 1to the flag poles in front of the building - $7,634.00; PC 31 add between the exhibit hall floor boxes to provide more flexibility with$8,349.00; PC 35 modify door types and functions in the back-o

level four to remedy egress concerns - $11,246.00; PC 37 removconduits from the exhibit hall floor boxes to simplify the electrical PC 47 revise flagpole from external halyard to an internal harequest - $6,337.00; PC 48 modify telecom conduits to allow for fleservice provider options - $6,337.00; PC 50 modify the MEP scopfood service design - $11,609.00; PC 54 revise select equconcession areas per operator chefs request ($24,978.00); PC 55size of the fire pump due to lower than expected water pressure

$10,833.00; PC 58 revise select equipment in the production kitchchefs requirements ($36,173.00). See Beck recommendatiolisting.

$

Res-2008-311

Res 2008-386

Res-2008-494

Res-2008-531

Res-2009-67

Approved Amendment No. 1 inclBP 01 (steel).Approved Amendment No. 2 inclBP 02 (civil work).Approved Amendment No. 3 inclBP 03 (copper panels/concrete pie

Approved Amendment No. 4 inclBP 04 (structural concrete).Approved Amendment No. 5 incl

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Res-2009-129

Res-2009-171

Res-2009-277

Res-2009-377

ppBP 05 (core and shell including curelevators).Approved Amendment No. 6 incBP 06/06A (finishes/balance of proApproved Amendment No. 7

adjustment to previous b(addendums 3, 4, 5, and 6 to Balso incorporated numerous cos(both value engineering and scfrom the design and construction teApproved Amendment No. 8adjustment to previous bid pincorporated numerous cost savwell as setting the Gross Maximufor the overall project and Substantial Completion Date of JanApproved Change Order No. underground utility initiative and tof a 48 sanitary sewer transmisswill benefit the Irving Convention

as well as other projects in the viciApproved Change Order No. 2 inadditions and deductions to theproject.

ATTACHMENTS:

A. RES Austin Change Orrder No. 3 (PDF)

B. Beck Recommendation Letter (PDF)

CITY OF IRVING


WHEREAS, the construction of the Irving Convention Center promotes convention and hotel industry;

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves Change Order No. 3 to the

the City of Irving and Austin Commercial, L.P., in the amount ovarious changes to the Construction Management At Risk contractmanagement services to construct the Irving Convention Center, aauthorized to execute the attached Change Order.


SECTION III. THAT this resolution shall take effect from and after its final date of

accordingly so ordered.


__________________________________Max S. Duplant, CPA



on March 4, 2010.

__________________________HERBERT A. GEARS

MAYOR

ATTEST:

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ATTEST:



_______________________________Charles R. AndersonCity Attorney

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Attachment:A.RESAustinChangeOrrderNo.3(3263:35-CO3toAustinCommercialforCMA

Documents

IrvingCC Packet 2010-03-04