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AGENDA

MEETING OF THE IRVING CITY COUNCIL



THURSDAY, AUGUST 4, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS


City Council Agenda 08/4/2011 1
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1:00 P.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, AUGUST 3, 2011 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS



6:15 P.M. ------------------------------------------------------------------ Pre-Council Briefing (If Necessary) 1st Floor
City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. ------------------------------------------------------------ Organizational Service Announcements


Invocation

Deacon Paul Thomas, St. Mary's Anglican Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

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

Public Hearing: Items 1 through 31

THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON
THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

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


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


City Council Agenda 08/04/2011 2
CITY COUNCIL AGENDA
1 City Operations Update
CONSENT AGENDA
2 Approving Strategic Planning Session Minutes for Friday, July 15, 2011
3 Approving Work Session Minutes for Wednesday, July 20, 2011
4 Approving Regular Meeting Minutes for Thursday, July 21, 2011
5 Resolution -- Approving an Economic Incentive Agreement Between the
City of Irving, Texas and Aviall Services, Inc. on BPP Eligible Property
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this agreement will allow the City to retain a major corporate
employer in Aviall Services, Inc. Headquartered in Irving, Aviall will employ an
additional 100 full-time jobs with this expansion bringing their total full-time
employment to over 900 jobs.
3. As one of the world's largest providers of new aviation parts and related aftermarket
operations, Aviall markets and distributes products for more than 235
manufacturers and offers approximately 2,000,000 catalog items. Company growth
has led to expansion. Aviall will initially occupy 300,000 square feet of space in the
building currently occupied by Amazon.com. The building is adjacent to their
existing building on Regent Boulevard.
4. The agreement provides 40% rebate on taxes paid on business personal property at
the new location. Aviall must enter into no less than a 9-year lease of at least
300,000 square feet; employ at least 100 new full-time jobs, earning at least
$47,000 per year. The estimated benefit to Aviall is $1,000,000.
5. Aviall must maintain these minimum criteria during the entire term of this agreement
to qualify for the rebate.
6. Because Aviall is located on DFW Airport property, all City revenues generated by
Aviall are subject to the DFW Airport Revenue Sharing agreement. Therefore,
Dallas and Ft. Worth must also approve this agreement before it will become
effective.

Recommendation
The resolution be approved.





City Council Agenda 08/04/2011 3
6 Resolution -- Approving an Economic Incentive Agreement Between the
City of Irving, Texas and Aviall Services, Inc. on Freeport Eligible
Property
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this agreement will allow the City to retain a major corporate
employer in Aviall Services, Inc. Headquartered in Irving, Aviall will employ an
additional 100 full-time jobs with this expansion bringing their total full-time
employment to over 900 jobs.
3. As one of the world's largest providers of new aviation parts and related aftermarket
operations, Aviall markets and distributes products for more than 235
manufacturers and offers approximately 2,000,000 catalog items. Company growth
has led to expansion. Aviall will initially occupy 300,000 square feet of space in the
building currently occupied by Amazon.com. The building is adjacent to their
existing building on Regent Boulevard.
4. The agreement provides 100% rebate on taxes paid on business personal property
classified as Freeport eligible at the new location. Aviall must enter into no less
than a 9-year lease of at least 300,000 square feet and employ at least 100 new
full-time jobs.
5. Aviall must maintain these minimum criteria during the entire term of this agreement
to qualify for the rebate.
6. Because Aviall is located on DFW Airport property, all City revenues generated by
Aviall are subject to the DFW Airport Revenue Sharing agreement. Therefore,
Dallas and Ft. Worth must also approve this agreement before it will become
effective.
Recommendation
The resolution be approved.


7 Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Lockwood, Andrews & Newnam, Inc., for the Design of
the Upper Delaware Creek Wastewater Basin Improvements Project and
Miscellaneous Water and Wastewater Main Replacements
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This work is part of the priority replacements for the Water Utilities
Department. This project will provide better capacity and decrease inflow and
infiltration of groundwater into the citys wastewater system.
3. This project will design the installation of over 8,210 linear feet of 6-inch to 36-inch
utility main improvements, various point repairs and manhole rehabilitations
identified in a study of the Upper Delaware Creek Wastewater Basin.


City Council Agenda 08/04/2011 4
4. This project will also design the replacement of 15,300 linear feet of water and
wastewater mains along Jan Court, Shere Lane, Shere Circle, West Eleventh
Street, Joslin Street, Konet Street, Louise Street, Gail Court and an easement
between 3217 and 3213 Konet Street.
5. Request for qualifications were sent to 166 vendors with 38 responses. The top six
firms were interviewed. Lockwood, Andrews & Newnam, Inc., was determined to
be one of the three firms to have the best design team expertise and experience for
the design of the work solicited.
6. Staff has negotiated a fair and reasonable agreement with Lockwood, Andrews &
Newnam, Inc., for these services and recommends award.
7. The engineering design fee is $396,465.80 or 6% of the estimated construction. An
additional $300,484.25 is budgeted for special services such as design surveying,
easement documents, utility potholing and geotechnical investigations for a total
award of $696,950.05 for the design. The total estimated construction cost is
$6,298,300.00.
8. Minority- and/or Women-owned Business (M/WBE) participation in this award is
39%.
9. Funding in the amount of $202,115.51 is available in the Water Improvement Bond
Fund and $494,834.54 is available in the Sanitary Sewer Bond Fund.
Recommendation
The resolution be approved.

8 Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Freese and Nichols, Inc., for the Design of the Water
Meter Vault Reconstruction, Section IV Project and Miscellaneous Water
and Wastewater Main Replacements
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This work is part of the priority replacements for the Water Utilities
Department. This project will design the replacement of commercial water meter
vaults that can no longer be tested for accuracy and parts are unavailable.
3. This project will design the replacement of 20 commercial water meter vaults at
various locations and the replacement of over 14,535 linear feet of water and
wastewater mains along Rogers Road, Park Place, Britain Road, Milner Road,
State Highway 183 and within a utility easement between Windsor Street and Drake
Street.
4. Request for qualifications were sent to 166 vendors with 38 responses. The top six
firms were interviewed. Freese and Nichols, Inc., was determined to be one of
three firms to have the best design expertise and experience for the design of the
work solicited.
5. Staff has negotiated a fair and reasonable agreement with Freese and Nichols, Inc.,
for these services and recommends award.


City Council Agenda 08/04/2011 5
6. The engineering design fee is $319,600.00 or 10% of the estimated construction.
An additional $182,200.00 is budgeted for special services such as design
surveying, easement documents, utility potholing and geotechnical investigations
for a total award of $501,800.00 for the design. Total estimated construction cost is
$3,269,800.00.
7. Minority- and/or Women-owned Business (M/WBE) participation in this award is
32%.
8. Funding in the amount of $283,299.60 is available in the Water Improvement Bond
Fund and $218,500.40 is available in the Sanitary Sewer Bond Fund.
Recommendation
The resolution be approved.



9 Resolution -- Awarding a Contract to SYB Construction Company, Inc., for
the Nursery-Railroad Basin Wastewater and Water Main Improvements
Project, Contract A
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This work is part of the priority replacements for the Water Utilities
Department. This project provides for the continued maintenance and
improvement of the citys water distribution and wastewater collection systems.
3. This project will replace wastewater and water mains along Daywood Lane, Drexel
Drive, Ben Drive, East Pioneer Drive, Sharon Road, Mark Street, South Irving
Heights Drive, Williams Road and Belt Line Road.
4. Bids were received from three bidders. SYB Construction Company, Inc.,
submitted the lowest and best base bid for $1,728,578.45. An additional
$17,421.55 is required for testing, bringing the total cost of the project to
$1,746,000.00. This is $414,000.00 (20%) below the funding allocated for this
project. These savings will pay for 3,100 4,100 linear feet of additional water
and sewer mains on future projects.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
6. Funding in the amount of $515,791.45 is available in the Water Improvement Bond
Fund and $1,230,208.55 is available in the Sanitary Sewer Bond Fund.

Recommendation
The resolution be approved.




City Council Agenda 08/04/2011 6

10 Resolution -- Annulling a Contract with Ratliff Hardscape and Awarding a
Contract to Northstar Construction, Inc., for the MacArthur Corridor
Infrastructure Improvements - Screening Fence from Markwood Park to
Sixth Street
Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: This project will improve security for properties that are adjacent to
MacArthur Boulevard through the project area while improving the infrastructure of
the MacArthur corridor.
3. Ratliff Hardscape was awarded this contract by City Council on June 23, 2011, in
the amount of $355,908.44, however, they can no longer honor their pricing.
4. The Capital Improvement Program team recommends annulling the award to Ratliff
Hardscape and awarding the contract to Northstar Construction, Inc., the second
best value for the services proposed in the amount of $379,892.00. An additional
$9,108.00 is required for testing, bringing the total cost of the project to
$389,000.00. This is $9,091.00 (3%) below the funding allocated for this
project.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
28%.
6. Funding in the amount of $114,000.00 is available in the Street Improvement Bond
Fund. Funding in the amount of $275,000.00 is available in the Community
Development Block Grant Fund; this includes $175,000.00 from Fiscal Year 2008-
09 and $100,000.00 from Fiscal Year 2009-10.
Recommendation
The resolution be approved.


11 Resolution -- Rejecting Bids for the Durango/Rochelle/McClendon and 808
E. Irving Boulevard Water and Wastewater Main Improvement Project
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This project provides for the continued maintenance and improvement of
the citys water distribution and wastewater collection systems. The work is part of
the priority replacements for the Water Utilities Department.
3. One response was received and was $720,753.00 over budget.
4. Staff recommends rejecting the bid. This project will be re-bid.
Recommendation
The resolution be approved.


City Council Agenda 08/04/2011 7

12 Resolution -- Approving and Accepting the Bid of M.K. Painting, Inc., for
the Rehabilitation of Tank No., 4 at the Hackberry Pump Station
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This project will extend the life of Tank No. 4 at the Hackberry Pump
Station.
3. Tank No. 4 at the Hackberry Pump Station is in need of rehabilitation. This project
includes the painting of the interior of Tank No. 4 and modifications to the fill pipe of
Tank No. 4.
4. M.K. Painting, Inc., is using certified Minority and/or Women-owned Business
Enterprise (M/WBE) as sub-contractors for 3.8% of the services.
5. Funding in the amount of $440,000.00 is available in the Water and Sewer System
Fund.

Recommendation
The resolution be approved.

Bids & Purchasing Items
Items 13 - 16

13 Resolution -- Approving a Mutual Cooperative Purchasing Agreement
Between the City of Irving and the City of San Marcos
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item has been recommended by Public Works Purchasing.
3. Impact: Entering into this mutual cooperative purchasing agreement allows both
governmental entities to utilize each others contracts for goods and services.
Recommendation
The resolution be approved.





City Council Agenda 08/04/2011 8
14 Resolution -- Approving Purchase from Waukesha-Pearce Industries, Inc.,
for a Second Standby/Emergency Generator for the Criminal Justice
Center through the Houston-Galveston Area Council of Governments (H-
GAC) Interlocal Cooperative Purchasing Program
Administrative Comments
1. This item supports Strategic Goals No. 4: Safe and Secure City and 10:
Environmentally Sustainable Community.
2. This item has been recommended by Police Emergency Management.
3. Impact: The addition of this generator, when coupled with the previously purchased
generator, will provide the entire Criminal Justice Center facility with 100%
emergency/ standby power capability and will also result in an overall reduction in
operating costs, increased dependability, and cleaner air.
4. The Generac bi-fuel generator system is the same system that was installed at the
Criminal Justice Center last year and at the Civic Center; the Generac systems offer
a number of advantages over conventional systems by operating as a diesel engine
with natural gas augmentation, which will result in lower emissions, lower fuel
consumption.
5. Funding in the net amount of $159,964.00 is available in the 2009 Metropolitan
Medical Response System (MMRS) Grant Fund.

Vendor FY 2010-11Expenditure Total Expenditure
Waukesha-Pearce
Industries
$159,964.00 $159,964.00

Recommendation
The resolution be approved.



15 Resolution -- Approving and Accepting the Bid of Commercial Metals
Company for an Annual Contract for the Sale by the City of Scrap Metal
and White Goods for Recycling
Administrative Comments
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
2. This item has been recommended by Solid Waste Services.
3. Impact: Recycling white goods and scrap metal deposited at the Hunter Ferrell
Landfill helps to improve the environment while establishing revenue opportunities
for the City.


City Council Agenda 08/04/2011 9
4. This award establishes an annual contract for the continuation of picking up white
goods/refrigerators and miscellaneous scrap metal from the Hunter Ferrell landfill
on an as called basis. Payment to the City is at a specified rate per ton.
5. Revenue in the net estimated $174,720.00 will be deposited in the Solid Waste
Enterprise Fund.


Vendor
FY2010-11 Est.
Revenue
FY2011-12 Est.
Revenue

Total Est. Revenue
Commercial Metals
Company
$29,120.00 $145,600.00 $174,720.00

Recommendation
The resolution be approved.



16 Resolution -- Renewal of an Annual Contract with K & L Supply, Inc., to
Provide Sewer Chemicals
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. This item has been recommended by Water Utilities.
3. Impact: The use of degreasers and deodorants in the wastewater collection
system keeps it operating efficiently by preventing blockages and overflows.
4. This award establishes the continuation of an annual contract to provide sewer
chemicals.
5. Funding in the net estimated annual amount of $142,986.00 for this one-year
contract will be available in the Water and Sewer System Fund.


Vendor
FY2010-11
Est. Exp.
(Current FY)
FY 2011-12
Est. Exp.
(Future FY)

Total
Est. Exp.
K&L Supply, Inc. $23,831.00 $119,155.00 $142,986.00

Recommendation
The resolution be approved.

End of Bids



City Council Agenda 08/04/2011 10

17 Ordinance -- Amending Section 21-87.1 of Chapter 21 of the Code of Civil
and Criminal Ordinances of the City of Irving, Texas, by Adding a School
Zone on the Westbound Frontage Road of SH114 at Cistercian Road in the
City of Irving
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network
2. Impact: This Ordinance will establish a School Zone along the SH114 Westbound
Frontage Road adjacent to Cistercian Preparatory School during normal School
hours.

Recommendation
The ordinance be adopted.


18 Ordinance -- First Reading -- Approving a Negotiated Settlement with
Atmos Energy
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a settlement
addressing the Company's fourth Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported no increase over current rates, and not the $15.4 million proposed by the
Company.
5. Ordinance approval includes a supplemental authorization of $6.6 million for
continuation of the steel pipeline replacement program throughout the Atmos
service area.
6. 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 of
natural gas rates.
Recommendation
The ordinance be approved.





City Council Agenda 08/04/2011 11
INDIVIDUAL CONSIDERATION
19 Resolution -- Regarding Continued Litigation in Ex Parte City of Irving,
Texas
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: This resolution addresses the appeal in the Entertainment Venue lawsuit.
3. The Court of Appeals ruled May 20, 2011, validating all aspects of the project
except the availability of the state share of the alcoholic beverage tax. A petition
for review is due August 15, 2011.
3. No additional funding is required. Fees will be within the litigation budget the City
Council previously authorized.
Recommendation
Will be provided in Executive Session.



20 Resolution -- Authorizing the City Manager to Initiate a Request for
Qualifications to Procure Services of Qualified Professionals to Perform a
Review of the Predevelopment Reimbursements Under the Entertainment
Center Development Agreement
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: To ensure that funds were expended appropriately as per the Development
Agreement as well as identifying any possible overpayments within the amounts
paid to Las Colinas Group as requested by the Mayor.
Recommendation
The resolution be approved.



ZONING CASES AND COMPANION ITEMS

21 Resolution -- Approving Special Sign Permit S1106-0072 to Allow Two (2) Fifteen
Ft. Tall Monument Signs with Digital Displays - Property Located at 500 Las
Colinas Boulevard - Artografx, Incorporated, Applicant - City of Irving
Convention Center, Owner

Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: If approved, the existing on-premise signs at the Convention Center will be
upgraded to have digital displays; one sign will be moved to the frontage of SH 114.
3. The applicant requests approval to add a digital marquee to an existing monument
sign on Las Colinas Blvd. The other existing monument sign will be moved closer to
the SH 114 entrance and have a digital marquee added. Both signs will be 15 feet
tall and 132 square feet in area including the digital displays.
4. Section 7-22 of the City of Irving Code of Civil and Criminal Ordinances authorizes
City Council to grant a special sign permit for a digital display, or approve variances
to the height or area of a sign.
5. The sign will comply with all requirements for operation of a digital sign related to
frequency of change of messages, automatic adjustment in the intensity of the light
based on ambient conditions, etc.
6. The setback of the signs complies with City ordinances.
7. The Las Colinas Association has approved the signs.
8. Because of the unique nature of this facility, staff can support this request.

Recommendation
The resolution be approved.



22 Resolution -- Approving Preliminary/Final Plat PL11-0023 - The Lakes of
Las Colinas, Phase 2A - Approximately 26 Acres Located on the West Side
of Riverside Drive, North of Northwest Highway - Jacobs, Surveyor - Hines
Las Colinas Land, LP, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,


City Council Agenda 08/04/2011 12
2011 - Pending
3. The applicant is requesting to plat a 26 acre tract into 68 single family lots and 4
open space lots.
4. The following exception to the Subdivision Ordinance requires this case to be
forwarded to the City Council for action:
Section 35-25 of the Subdivision Ordinance requires all private streets to be
approved by the City Council. All the internal streets in this subdivision are
private.
5. The plat complies with all other requirements of the Subdivision Ordinance.
Recommendation
The resolution be approved.

23 Ordinance -- Zoning Case #ZC11-0028 - Granting S-P-2 (Generalized Site
Plan) for R-6 (Single Family) Uses - Approximately 0.37 Acres Located at
917 Sunset Drive - A Plus Unlimited, Applicant - Michael G. Miller, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: July 18,
2011 Favorable 6-0 (Commissioners Allen and LaRose, absent).
3. The applicant is requesting to rezone the property to allow a carport to be visible
from the street.
4. The Comprehensive Plan recommends Single Family-Low Density Residential uses
for this property. This request is in conformance with the Comprehensive Plan.
5. The property is currently developed with a one-story single family home. The owner
is wishing to demolish the existing home and build a new one-story single family
home with a carport that is visible from Sunset Drive.
6. The proposed carport will be 24 2 X 18 (435 sq. ft.), located 74 feet from the front
property line and 5 feet off of the side property line. The carport will be constructed
with wood columns and a pitched roof to match the new home.
7. The homes design does not allow for a carport to be built behind the house due to
the presence of a large power line easement.
8. Since the proposed carport is not within the front building setback, is over 74 feet
from the actual street, is setback more than 25 feet behind the front faade, and is
being designed and built as a part of the new house in accordance with the
guidelines of the carport ordinance, staff can support this request.
9. Public notices were sent to twenty-seven (27) property owners, with four (4) letters
in support and none in opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.


City Council Agenda 08/04/2011 13
24 Ordinance -- Zoning Case #ZC11-0030 - Granting S-P-2 (Generalized Site
Plan) for R-7.5 (Single Family) Uses - Approximately 0.2 Acres Located at
1208 Mayleaf Drive - Mr. Quality Remodeling, Applicant - Cynthia
Longmuir, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: July 18,
2011 Favorable 5-1 (Commissioner Randall, nay; Commissioners Allen and
LaRose, absent) with the stipulation that the support columns be wrapped in vinyl
siding to match the house.
3. The applicant is requesting a zoning change to allow a carport that can be seen
from the street.

4. The Comprehensive Plan recommends Single Family-Low Density Residential uses
for this property. This request is in conformance with the Comprehensive Plan.

5. The property is developed with a single family dwelling. The applicant is proposing
a 20-foot by 24-foot carport in front of the garage and visible from Mayleaf. The
carport is proposed to be built of materials to match the house, with a gable
identical to the existing front gable, and framed and shingled to match the house.
The elevation shows wood posts which the applicant will wrap with vinyl siding to
match the gables.

6. The applicant requires a 20-foot by 24-foot carport for her large van. Since the
carport must be at least 3 feet from the side property line, the applicant proposes to
build the carport out at an angle but with the front portion of the carport in the same
plane as the front of the house. This will probably require additional concrete be
poured for the carport columns.

7. Since the proposed carport will be constructed to match the house, is at least 30
feet from the property line, will not encroach significantly beyond the front faade of
the rest of the house, and the design is consistent with the guidelines of the carport
ordinance, staff can support the request.

8. Public notices were mailed to forty-three (43) property owners, with two (2) letters in
support and none in opposition received.

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





City Council Agenda 08/04/2011 14
25 Ordinance -- Zoning Case #ZC11-0031 - Granting S-P-2 (Generalized Site
Plan) for R-7.5 (Single Family) Uses - Approximately 0.93 Acres Located at
1935 Williams Road - Celia Velazquez, Applicant - Maria Isidra Ramirez,
Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Pending
3. The applicant is requesting to rezone the property to obtain exceptions to the
Neighborhood Protection Ordinance to create lots that are smaller in width and lot
area than adjacent lots.
4. The Comprehensive Plan recommends Single Family Low Density Residential
uses for this property. This request is in conformance with the Comprehensive Plan.
5. The property is currently developed with a single family home. The applicant is
wishing to replat the property to construct a new home on the east portion of Lot 3
(lot 3B).
6. The property is currently zoned R-7.5. The proposed subdivision of this lot meets
or exceeds the R-7.5 minimum requirements, however the proposed width and lot
area do not comply with the requirements of the Neighborhood Protection
Ordinance, which requires rezoning whenever a residential plat or replat proposes
to create lots that are less than 80% of the average width or area of adjacent
developed lots. This provides an opportunity for neighborhood input and City
Council discretion when these infill development opportunities occur.
7. The two proposed lots are each 80 feet wide. One of the proposed lots is 19,767.6
sq. ft. and the other is 20,956.4 sq. ft. in area. The average width and area of the
two lots to the east and the three lots to the west (the lots that are to be considered
for purposes of the Neighborhood Protection Ordinance) is 108 ft. wide and 28,295
sq. ft. of lot area. Since the proposed lots are less than 80% of 108 ft. width (86 ft.)
and are less than 80% of 28,295 sq. ft. (22,636 sq. ft.) rezoning is required before a
replat can be approved.
8. The site plan addresses seven stipulations from the Planning and Zoning
Commissions infill policy as follows:

Minimum air conditioned living area shall be 2,000 square feet.
A minimum of two (2) car garage with a minimum of 400 square feet will be
required for each residence. A minimum of 2 additional off-street parking
spaces shall be provided behind the front property line;
A minimum of 50% of the required front and side yard areas adjacent to any
street shall be covered with grass, ground cover or other natural vegetation;
Maximum lot coverage by buildings, driveways and parking shall be 60%;
Exterior wall surfaces, exclusive of doors and windows, shall be 80% masonry
(including brick, stone, stucco, and cementitious siding). The use of EIFS is
prohibited.
Minimum roof pitch shall be 5:12;
A minimum of one (1) four inch caliper tree shall be provided in the front yard of


City Council Agenda 08/04/2011 15
each lot.
9. All other requirements of the R-7.5 district will be met. Platting is required prior to
development. A plat has been submitted and is awaiting action on this zoning case.
10. Public notices were mailed to eighteen (18) property owners with no letters in
support or opposition received.

Recommendation
The ordinance be adopted.



26 Ordinance -- Zoning Case #ZC11-0032 - Granting S-P-1 (Detailed Site Plan)
for C-N (Neighborhood Commercial) and Outside Dining Uses -
Approximately 1.0 Acre Located at 10025 North MacArthur Boulevard -
Pete Rahimi, Applicant - Ali Hemani Corporation, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Pending
3. The applicant is requesting a zoning change to allow outside dining with a
restaurant use.
4. The Comprehensive Plan recommends Retail uses for this property. This request is
in conformance with the Comprehensive Plan.
5. The property is developed with a gas station and retail store. The site is zoned S-P-
1 (Detailed Site Plan) for C-N (Neighborhood Commercial) uses to allow an
attached carwash use in the adjoining space. The applicant is currently remodeling
the carwash area into a restaurant as an allowed retail use. The applicant proposes
to provide outdoor seats for customers on a new paved area on the south side of
the restaurant, for a total of 14 seats. A storefront glass window and door will be
installed in the carwash front, and the rear exit will be walled in. There is sufficient
parking for the use, and the applicant is not proposing a walk-up window.
6. The Valley Ranch Association has approved the restaurant and outside dining uses.
7. Public notices were mailed to eight (8) adjacent property owners, with no letters in
support or opposition received.

Recommendation
The ordinance be adopted.




City Council Agenda 08/04/2011 16

27 Ordinance -- Zoning Case #ZC11-0033 - Granting S-P-1 (Detailed Site Plan)
for Restaurant and Signs Uses - Approximately 0.8140 Acres Located at
200 West Irving Boulevard - Fire Brand Properties, Applicant/Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Pending
3. The applicant is requesting to rezone the property to add a sign to the landscape
wall at the intersection of W. Irving Blvd. and S. Hastings St.
4. The Comprehensive Plan recommends Irving Blvd. Redevelopment Corridor uses
for this property. This request is in conformance with the Comprehensive Plan.
5. On May 19, 2011, the City Council approved Case No. ZC11-0017 for a detailed
site plan for a restaurant and sign package which included a digital monument sign
use.
6. The property is currently being developed with a new Burger King restaurant and
the applicant is wishing to install an additional sign on the landscape wall at the
intersection of W. Irving Blvd. and S. Hastings St. With the mounting of the sign on
the landscaping wall it essentially becomes a monument sign and a fence with a
sign which is only allowed by site plan zoning approval.
7. The applicant is proposing the following modifications to the Heritage Crossing
Redevelopment District requirements:

Required Proposed
Monument sign allowed by site plan
zoning only
Landscape wall sign (monument sign) at
intersection of W. Irving Blvd. and S.
Hastings

8. Although the plan indicates that the sign will be internally illuminated, the applicant
has agreed to use external lighting instead per the Heritage Crossing Design
Standards.
9. All of the other notes, signs and building elevations are being carried over from the
previously approved site plan.
10. Public notices were sent to seventy-four (74) property owners, with one (1) letter in
support and none opposition received.

Recommendation
The ordinance be adopted with the stipulation that the landscape wall sign not be
internally illuminated.



City Council Agenda 08/04/2011 17


City Council Agenda 08/04/2011 18

APPOINTMENTS AND REPORTS
28 Resolution -- Selection of Mayor Pro Tem and Deputy Mayor Pro Tem by
the City Council
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The election of a Mayor Pro Tem and a Deputy Mayor Pro Tem assure
continuity of municipal government in the absence of the Mayor.
3. In accordance with the City of Irving Charter, Article IV, Section 10, stipulates that
the City Council shall select among the eight (8) Councilmembers a Mayor Pro Tem
who shall perform the duties of the Mayor in the Mayors absence or disability.
4. The Deputy Mayor Pro Tem position is one of tradition and not required by the City
Charter.
Recommendation
The resolution be approved.

29 Mayors Report
ADDENDUM
(added 7/29/11 at 5:15 p.m.)

30 Resolution Authorizing First Southwest to engage Innovation Group and
PKF to provide current projections relative to the Entertainment Venue and
Hotel Occupancy Tax Revenues

31 Adjournment


IRVING CITY COUNCIL
SPECIAL MEETING AGENDA
STRATEGIC PLANNING SESSION
FRIDAY, JULY 15, 2011
8:15 AM

Greater Irving/Las Colinas Chamber of Commerce 5201 N. OConnor Rd, Suite 100, Irving, TX 75039
This meeting can be adjourned and reconvened, if necessary, within 24 hours on the following
day in the First Floor City Council Conference Room.


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

This facility is wheel chair accessible and handicap-parking spaces are available. Requests for interpretation services of assistive
hearing devices must be made 48 hours prior to the meeting. Contact the City Secretarys Office at (972) 721-2493 or
(TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
Executive Breakfast (7:45 a. m. - 8:15 a. m.)
DISCUSSION TOPIC

1. Receive Input on Proposed FY 2011-12 Strategic Plan

Mayor Van Duyne convened the meeting at approximately 8:20 a.m.

Bradley Perrier, Strategic Services Team Director, provided an overview of key focus
areas that the council has indicated they desire to focus upon.

Key focus areas include:
Land Use
Vibrant Neighborhoods
Economic Development
Safe and Secure City
Diversity
Effective Communications
Cultural, Recreational and Educational Environments
Sound Governance
Infrastructure
Environmentally Sustainable Community

The following summarizes some of the discussion generally had at the meeting:
Attention would like to be kept on street improvements.
An update on Kings Manor Apartments was requested.
The staff appears to be doing a good job at pushing information to the public, but
Council would like to be pulling more information to see what the residents generally
would like to be receiving from the City.




2
Place 1, Councilman Mike Gallaway, provided the following comments:
1. Incentives He requested that the City and the Chamber work closer together to
identify incentives for small businesses; and asked what federal and/or private
foundation funding may be available.
2. Economic Development and Vibrant Neighborhoods He noted that progress in
Heritage Crossing Redevelopment needs to be made. He would like to see
quarterly events/festivals occur in this area. Are we, as a city, fully utilizing the
chamber to market that area? Do we have a vision regarding Heritage
Redevelopment Project and can we share that vision with the people who live there
as well as publicize the investments that have been made down there? He noted
the need for faade improvements in and around Main Street and suggested
reviewing the Heritage Crossing guidelines as well as signage around that area.
What Federal or private grants would be available to help with redevelopment? Are
CDBG funds available to do these improvements?
3. Code enforcement Councilman Gallaway commended Code Enforcement and
said to continue doing what we are doing.
4. Infrastructure He requested the city continue to move forward in water and sewer
infrastructure development.
5. Homelessness He noted that there appears to be more of a presence of
homelessness in and around the downtown area and asked the Housing and
Human Services Department to put together a plan to address this issue.
6. DART He questioned the location of the DART stop at Irving Blvd; noting the need
to provide shelter or a safer location for people to wait on the DART train?
7. Crime Reduction He requested crime statistics broken down by districts. Is there a
better way to find out crime by those districts?

Place 2, Councilman Roy Santoscoy, absent:

Place 3, Councilman Dennis Webb, provided the following comments:
1. Community Housing Development Organizations (CHDO) Councilman Webb
suggested the city take a closer look at these organizations. He also suggested
reviewing the Housing advisory board; who is on it, what knowledge do they have
and how effective can they be at helping the Housing and Human Services
Department be effective.
2. Vacant property He requested staff evaluate vacant properties and our plan to
address them.


Place 4, Councilman Lewis Patrick, provided the following comments:
Councilman Patrick noted that the change to single member districts has not generally
impacted him, he still hears from everyone. His comments are not specific to Single
Member District 4 but to the entire city.
1. Heritage District He noted that residents want to see improvement happening and
said that anything the city can do to help with redevelopment, he is in favor of doing.
2. Entertainment Venue He stated that it appears the residents want us to pursue
and prevail in fighting the appeals regarding the entertainment venue. He noted that
if the project needs to be scaled back in order to achieve it thats fine, but he does
want to see it move forward because that is the direction he is receiving from the
citizens.

3
Place 5, Councilwoman Rose Cannaday, provided the following comments:
1. Councilwoman Cannaday requested crime statistics for Beltline to MacArthur, along
Story and Country Club, as this is a huge area and some attention may need to be
spent on improvements. She noted that there are no parks in this area, the
Recreation centers are not as well kept, and there are no spray parks.
2. Transit Oriented Developments (TOD) She noted that five of the seven TODs are
occurring in District 5 and requested that council be kept apprised of the status of
these developments more regularly.
3. Texas Stadium Site Do we have any new ideas for this location? Once the
interchange is completed do we have something in the works for this area?
4. Entertainment Venue She noted that this is an important issue that needs to be
discussed. She questioned the pursuit the pending lawsuits, noting that in her
district she keeps hearing people who want to pursue this. People want a venue
and they want to continue pursuing it.
5. Hotel next to the Entertainment Venue Councilwoman Cannaday stated that a
convention center hotel is still needed.


Place 6, Councilman Rick Stopfer, provided the following comments:
1. Councilman Stopfer noted the importance of retail/hoteliers, residential and office
space usage. He would like to see a comprehensive overview in these three areas
and categorize these three different redevelopment and revitalization avenues. He
requested the city look at our assets and see where we have grown and have
continued opportunity to grow.
2. Transportation and Zoning Ordinances He stated that the city needs to continue to
place emphasis and focus upon these. Comprehensive Development Agreements
and all agreements that have been done throughout the years have been provided
by David Dean and Councilman Stopfer provided a CD of this to council.
3. Transportation He confirmed that the Diamond Interchange and SH 183
expansion are two of the top priorities in transportation. Transit Oriented
Development is also a huge issue and the city wants to make sure it is done
correctly.

Place 7, Councilman Gerald Farris, provided the following comments:
1. Councilman Farris questioned ordinances or codes regulating apartments.
Questions still linger regarding what are the requirements of a new apartment owner
versus existing apartment owners. Also how ordinances impact changes in
Certificates of Occupancy.
2. Building and Standards Cases Are we always notifying neighboring residents
when building and standards cases may impact their area?
3. Committees He suggested the Council look at how they select people for the
various committees. He asked how the Council can accomplish committee
appointments while appointing both people the council does know and doesnt
know. He also questioned continuing to appoint people to multiple committees?
4. Councilman Farris requested staff to provide the ordinances that create the
committees and commissions and tell the mission of each.
5. He suggested the city work with YMCA more and community organizations to
publicize city needs and engage their resources to assist in working in conjunction
with the citys resources.
4
6. City Amenities Regional Aquatics Center versus neighborhood centers. He noted
that a neighborhood pool cannot be built for everyone. But questioned how the city
chooses to address the needs of different areas in the community and which areas
still need to be addressed by district and throughout the entire city.
7. Economic Development He suggested the city resume the discussion of a
Convention Center Hotel.
8. Heritage Crossing Councilman Farris noted that emphasis needs to be placed on
the development of downtown. All areas are important, however, we do need to
revitalize the downtown area.



Place 8, Joe Philipp, provided the following comments:
1. Public Finance, Economic Development and Transportation/Infrastructure, and
Public Safety are the four things that Councilman Philipp would like to focus upon.
2. Economic Development He suggested that the city keep moving forward with all
economic development initiatives; including looking at all avenues for growth. He
also suggested faade improvements on some of our recreation centers.
3. Transportation and Infrastructure Councilman Philipp suggested communicating
to citizens why things are being replaced or repaired.
4. Police and Fire He noted the importance of building a community policing initiative
that promotes resident involvement with the police department. Water needs to be
an important emphasis.
5. Bond Issuance He emphasized the importance of managing timing of bond
issuances.
6. Heritage Crossing He noted that Council should be involved in discussing the
concept plan; then delegate clearly how it should be done. He acknowledged that
more developers should be involved in the project.
7. Councilman Philipp stated that a discussion needs to be held concerning ICVB and
the Arts Center and how moneys are extended to them as well as how debts are
obligated to them.
8. Entertainment Venue He confirmed the concept of the project is of value but the
debt issuance needs to be re-evaluated. It needs to be the right plan, not just a
plan; the plan needs to be realistic and doable.
9. Board, Commissions and Committees He noted that the process needs to be
guided and evaluated. How we appoint members, why we appoint members and the
decisions need to be collective.
10. CIP Bond Program He noted the importance of how we manage the program.
11. Election process and redistricting He stated that both issues need to be look at
this year.
12. Councilman Philipp noted that corridors improvements still need to be addressed.
13. Housing He stated that crowding within houses needs to be addressed.
14. Ethics Standards what do we expect? He stated that Council need to affirm the
standards that are in place or readdress this issue.


5
Mayor Beth Van Duyne, provided the following comments:

The Mayor asked staff to compile a list of things to bring back for discussion and how long
staff believes it will take and then seek out an appropriate time for the meeting.

The meeting adjourned at 12:59 p.m.





___________________________
Beth Van Duyne, Mayor


ATTEST:

______________________
Shanae Jennings, TRMC
Acting City Secretary


WORK SESSION MEETING OF THE IRVING CITY COUNCIL
MEETING MINUTES
July 20, 2011
The Irving City Council met in work session July 20, 2011 at approximately 1:00 p.m. The
following members were present/absent:
Attendee Name Organization Title Status Arrived
Beth Van Duyne Irving City Council Mayor Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Absent
Roy Santoscoy Irving City Council Councilman Absent
Mike Gallaway Irving City Council Councilman Absent
Dennis Webb Irving City Council Councilman Present
DISCUSSION TOPIC
1 Review of Regular Agenda
6 Resolution -- Approving an Interlocal Agreement for Security and Peace Officer
Services Between the City of Irving and the Carrollton-Farmers Branch
Independent School District (C-FBISD) to Maintain the School Resource Officer
Program at C-FBISD Campuses Located in the City of Irving
7 Resolution -- Approving an Interlocal Agreement for Security and Peace Officer
Services Between the City of Irving and the Irving Independent School District
(IISD) to Maintain the School Resource Officer Program at IISD Campuses
Larry Boyd, Police Chief, described the interlocal agreements between the City
of Irving and the Carrollton-Farmers Branch Independent School District and
Irving Independent School District to provide School Resource Officers at each
school.
8 Resolution -- Approving an Engagement Agreement for Legal Services with
Andy Taylor & Associates, P.C., in Connection with Proposed State House of
Representatives Redistricting Plans
Charles Anderson, City Attorney, described the engagement agreement with
Andy Taylor & Associates related to State redistricting plans. This is a
companion item to item 9. Andy Taylor spoke about election law and his
experience as it relates to election law. Redistricting lawsuits move at lightning
speed with only a few short weeks to prepare.
9 Resolution -- Authorizing Intervention by the City of Irving in the Texas House of
Representatives redistricting lawsuit
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City Council Work Session
July 20, 2011
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Charles Anderson, City Attorney, stated that this is a companion item to item No.
8 and authorizes staff to move forward in intervening in the State redistricting.
11 Resolution -- Approving the Submission of the 2011 Action Plan and Associated
Social Service Agency Allocations to the United States Department of Housing
and Urban Development (HUD)
Chris Hooper, Housing & Human Services Director, gave an overview of the
2011 Action Plan which details the programs and initiatives for the Housing &
Human Services department for the upcoming fiscal year.
12 Resolution -- Approving the Receipt of Additional Funds and Extension of a
Contract with Texas Department of Housing and Community Affairs
Chris Hooper, Housing & Human Services Director, described the contract
extension with the Texas Department of Housing and Community Affairs due to
receiving additional funds for homelessness prevention.
13 Resolution -- Adopting a Schedule for Development Application Fees, Effective
as of October 1, 2011
Steve Reed, Planning Manager, described the proposed changes to the
development application fees.
14 Ordinance -- Amending Article II Building Codes of Chapter 8 of the
Development Standards and Construction Codes of the City of Irving, Texas, By
Amending Appendix L Fee Schedule of the 2006 International Building Code
Gary Miller, Planning & Inspections Director, described the changes to the
inspections fee schedule of 4% due to inflation.
INDIVIDUAL CONSIDERATION
15 Ordinance -- Public Hearing and Ordinance Re-Adopting Section 13-16 of the
Code of Civil and Criminal Ordinances of the City of Irving, Texas, Relating to
Childcare Regulations for City Operated Youth Programs
Chris Michalski, Parks & Libraries Director, described the state-required re-
adopting of childcare regulations.
ZONING CASES AND COMPANION ITEMS
16 Ordinance -- Zoning Case #ZC11-0026 - Granting S-P-2 (Generalized Site Plan)
for R-7.5 (Single Family) Uses - Approximately 0.99 Acres Located at 1318
Etain Road - Denby Myers, Applicant - Florence Randall and Jose Rodriguez,
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City Council Work Session
July 20, 2011
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Owners
Ken Bloom, Chief Planner, presented the applicants request. Staff recommends
approval of this item.
17 Ordinance -- Zoning Case #ZC11-0027 - Granting S-P-1 (Detailed Site Plan) for
R-AB (Restaurant with Alcoholic Beverage Sales) Uses - Approximately 3,891
Square Feet at 7750 North MacArthur Boulevard, Suite 160 - Star Ventures of
Las Colinas, L.P., Applicant - Inland Western Irving Limited Partnership, Owner
Ken Bloom, Chief Planner, presented the applicants request. Staff recommends
approval of this item.
2 Cost Savings Update
Bret Starr, Budget Administrator, presented an update on city-wide cost savings
initiatives. He described Lean Six Sigma projects that have resulted in a cost savings of
over $38 million but noted that due to decreases in revenues, staff will continuously
review processes for improvement and hold vacant positions.
3 Current Financial Status of Entertainment Venue
Paul Gooch, Community Services Director, and Chris Janning, Senior Vice President of
First Southwest Company, presented a report on the current financial status of the
Entertainment Venue project. The presentation included the current project funding
plan, revenue sources, the construction budget, and analysis provided by First
Southwest.
Mayor Van Duyne asked James Smith, from Smith, Jackson, Boyer, Bovard, to give an
overview of his findings from the audit of the entertainment venue spending performed
at the end of 2010. She asked the auditor several questions about expenses, which Mr.
Smith answered.
City Council and staff discussed allowable expenses as defined by state law related
to bond funds and Brimer Hotel Occupancy Tax funds and how expenses had been
allocated before and after the audit.
Staff confirmed that no additional expenses will be reimbursed to the Las Colinas
Group unless authorized by the City Council as the design phase of the project is now
complete.
Council recessed at approximately 4:00 p.m.
Council reconvened at approximately 4:20 p.m.
Mayor Van Duyne asked representatives from a fraud and forensic recovery firm to
describe the options available to further investigate the expenses reimbursed to the
Las Colinas Group.
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July 20, 2011
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Peter McLaughlin, CEO and Managing Principal, Ryan Fraud and Forensic Recovery
Services, Ryan LLC, discussed the differences between audits, forensic investigation
and agreed upon procedures.
Bryan Finley, Director in Fraud and Forensics at Ryan LLC, described the Smith,
Jackson, Boyer, Bovard report as an agreed upon procedures report to classify the
transactions and defined those parameters. He clarified that this report was not an
audit or a forensic investigation.
Mr. McLaughlin defined a forensic investigation versus a forensic recovery, noting the
value of these options should Council wish to pursue further examination of
expenditures.
Mayor Van Duyne suggested moving forward with a recovery investigation through the
RFP process.
Councilman Philipp suggested meeting next week with full council to discuss the
options.
Councilman Farris asked for more information from the staff about review of the $4.2
million uncapitalized expenditures and questioned if it would be appropriate to invite
Las Colinas Group representatives to the discussion.
Councilman Stopfer stated that he would prefer to get more information before a
forensic audit is needed.
Council requested staff bring a line-item description of the $4.2 million of operating
costs as determined by the CPA review for next weeks Council discussion.
Council decided to meet next week to determine the scope of services for an RFP for a
forensic review and recovery so that all Council members may be present to discuss
the options with staff.
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City Council Work Session
July 20, 2011
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EXECUTIVE SESSION
Council convened into executive session pursuant to Section 551.071 of the Texas Local
Government Code at approximately 5:00 p.m.
4 Legal Advice - City of Dallas v. Heather Stewart
Texas Open Meetings Act 551.071
5 Legal Advice - Ex Parte City of Irving and Entertainment Venue
Texas Open Meetings Act 551.071
6 Legal Advice - Proposed State House of Representatives Redistricting Plans
Texas Open Meetings Act 551.071
Council adjourned at approximately 6:45 p.m.
___________________________
Beth Van Duyne, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
Acting City Secretary
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REGULAR MEETING OF THE IRVING CITY COUNCIL
MEETING MINUTES
July 21, 2011


The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, July 21, 2011 at 7:14 p.m. The following members were
present /absent:

Attendee Name Organization Title Status Arrived
Beth Van Duyne Irving City Council Mayor Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Gerald Farris Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Absent
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
Dennis Webb Irving City Council Councilman Present



ORGANIZATIONAL SERVICE ANNOUNCEMENTS




INVOCATION

The invocation was delivered by Pastor Robert Corser of Joy Fellowship Foursquare
Church of the City Of Irving, Texas.


PLEDGE OF ALLEGIANCE

Councilman Patrick led those present in the pledge.


PROCLAMATIONS AND ANNOUNCEMENTS


.

City Council Meeting
July 21, 2011
Citizen Forum
Patrick Hawk, 1515 Elms Road, Irving, TX - Mr. Hawk spoke in regards to the dangers
of texting while driving. He proposes that the city supports a total ban on texting when
operating a motor vehicle.

Oscar Ward, 608 Farine Drive, Irving, TX - Mr. Ward spoke regarding transparent and
open government practices. He would like the initials of the person who places an item
on the agenda to be noted beside the item.

Joyce Howard, 1401 Colony, Irving, TX - Ms. Howard spoke in regard to a recovery
audit on the entertainment center project. She is in favor of such an audit if the auditors
are willing to do it on a contingency fee.

Joe Mapes, P.O. Box 141864, Irving, TX - Mr. Mapes thanked the council and staff for
the upcoming Town Hall meetings. He added that he would like to see a forensic audit
of the entertainment venue.

James Baker, 2724 Lake Garden, Dr, Irving, TX - Mr. Baker spoke on the entertainment
center and that it is something the city does not need at this time. He is in favor of a
forensic or recover audit to review the excessive spending.

Emma West, 3639 W. Northgate #152, Irving, TX - Ms. West spoke in regard to West
Irving Library and indicated that some of the computers are not completely operational.

Nancy Wilson, 2911 Bryn Maur, Irving, TX - Ms. Wilson spoke in regard to the need for
a new code enforcement ordinance to address overgrowth from one home owners
property to another. Ms. Wilson is in favor of the city council partnering with the Irving
school board.

CITY COUNCIL AGENDA

1 Public Hearing No. (ID # 4012) -- Public Hearing to Gather Input on the
Housing and Human Services (HHS) Department 2011 Action Plan for
Submission to the United States Department of Housing and Urban
Development (HUD)

The following individuals signed up to speak on this item:

Teddie Story, 1036 Old Mill Circle, Irving, TX
Diane Piper, 3219 Harry Hines, Dallas, TX
Doug Fox, 2200 W. Irving Blvd, Irving, TX

2
City Council Meeting
July 21, 2011
2 City Operations Update
Tommy Gonzalez, City Manager, presented a video on the operations update.

CONSENT AGENDA
Motioned by Councilman Patrick, seconded by Councilman Gallaway to approve consent
agenda items 3-14 and pull item 6, 7, 8, 9, 11, 12, 13 and 14 for individual consideration.

Motion approved 8-0.
3 Approving Minutes for Tuesday, June 28, 2011
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Mike Gallaway, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday


4 Approving Minutes for Wednesday, July 06, 2011
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Mike Gallaway, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday



3
City Council Meeting
July 21, 2011
5 Approving Minutes for Thursday, July 07, 2011
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Mike Gallaway, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday


6 Resolution No. RES-2011-171 -- Approving an Interlocal Agreement for
Security and Peace Officer Services Between the City of Irving and the
Carrollton-Farmers Branch Independent School District (C-FBISD) to
Maintain the School Resource Officer Program at C-FBISD Campuses
Located in the City of Irving

The following individuals signed up to speak in opposition of this item:
Joe Mapes, P. O. Box 141864, Irving, TX
Joyce Howard, 1401 Colony Dr. Irving, TX

The following individuals signed up to speak in support of this item:
Oscar Ward, 608 Fanine Drive, Irving, TX
Nancy Wilson, 2911 Bryn Mawr, Irving, TX

Motioned by Councilman Patrick, seconded by Councilman Santoscoy to
approve a resolution for an Interlocal Agreement for Security and Peace Officer
Services Between the City of Irving and the Carrollton-Farmers Branch
Independent School District (C-FBISD) to Maintain the School Resource Officer
Program at C-FBISD Campuses Located in the City of Irving.

Motion approved 8-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Roy Santoscoy, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday

4
City Council Meeting
July 21, 2011
7 Resolution No. RES-2011-172 -- Approving an Interlocal Agreement for
Security and Peace Officer Services Between the City of Irving and the
Irving Independent School District (IISD) to Maintain the School Resource
Officer Program at IISD Campuses

The following individuals signed up to speak in opposition of this item:
Joe Mapes, P. O. Box 141864, Irving, TX

Motioned by Councilman Patrick, seconded by Councilman Santoscoy to
approve a resolution for an Interlocal Agreement for Security and Peace Officer
Services Between the City of Irving and the Irving Independent School District
(IISD) to Maintain the School Resource Officer Program at IISD Campuses.

Motion approved 8-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Roy Santoscoy, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday


8 Resolution No. RES-2011-173 -- Approving an Engagement Agreement for
Legal Services with Andy Taylor & Associates, P.C., in Connection with
Proposed State House of Representatives Redistricting Plans

The following individuals signed up to speak in opposition of this item:
State Rep. Rodney Anderson, 548 Edgeview, Grand Prairie, TX
Kensley Stewart, 3916 Tacoma, Irving, TX
Joe Mapes, P. O. Box 141864, Irving, TX
Wally Banks, 3113 Briarcliff Court South, Irving, TX

The following individuals signed up to speak in support of this item:
State Representative Rodney Anderson, 548 Edgeview, Grand Prairie, TX

The following individuals signed up in opposition of this item but did not wish to
speak:
Karen Jordan, 1519 Arcady Lane, Irving, TX
Paul Jordan, 1519 Arcady Lane, Irving, TX
James Baker, 2724 Lake Gardens Dr, Irving, TX

5
City Council Meeting
July 21, 2011
Motioned by Councilman Stopfer, seconded by Councilman Farris to approve a
resolution for an Engagement Agreement for Legal Services with Andy Taylor &
Associates, P.C., in Connection with Proposed State House of Representatives
Redistricting Plans.

Motion denied 2-6.

The following Council members opposed the motion: Mayor Van Duyne,
Councilman Santoscoy, Councilman Philipp, Councilman Webb, Councilman
Patrick, and Councilman Gallaway

The following Council members supported the motion: Councilman Stopfer,
Councilman Farris

RESULT: ADOPTED [2 TO 5]
MOVER: Rick Stopfer, Councilman
SECONDER: Gerald Farris, Councilman
AYES: Rick Stopfer, Gerald Farris
NAYS: Van Duyne, Patrick, Philipp, Santoscoy, Webb
ABSENT: Rose Cannaday, Mike Gallaway


9 Resolution No. RES-2011-174 -- Authorizing Intervention by the City of Irving
in the Texas House of Representatives Redistricting Lawsuit

The following individuals signed up to speak in opposition of this item:
Joyce Howard, 1401 Colony Dr. Irving, TX
James Baker, 2724 Lake Gardens Dr, Irving, TX

Motioned by Councilman Santoscoy, seconded by Councilman Farris to approve
a resolution for Authorizing Intervention by the City of Irving in the Texas House
of Representatives redistricting lawsuit

Motion denied 2-6.

The following Council members opposed the motion: Mayor Van Duyne,
Councilman Santoscoy, Councilman Philipp, Councilman Webb, Councilman
Patrick, and Councilman Gallaway

The following Council members supported the motion: Councilman Stopfer,
Councilman Farris

6
City Council Meeting
July 21, 2011
RESULT: ADOPTED [3 TO 5]
MOVER: Roy Santoscoy, Councilman
SECONDER: Gerald Farris, Councilman
AYES: Rick Stopfer, Gerald Farris, Roy Santoscoy
NAYS: Van Duyne, Patrick, Philipp, Gallaway, Webb
ABSENT: Rose Cannaday


10 Resolution No. RES-2011-175 -- Approving the Purchase from Dell
Marketing, L.P., for Dell Servers Extended Maintenance through the State of
Texas Department of Information Resources (DIR) Program

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Mike Gallaway, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday


11 Resolution No. RES-2011-176 -- Approving the Submission of the 2011
Action Plan and Associated Social Service Agency Allocations to the
United States Department of Housing and Urban Development (HUD)

The following individuals signed up to speak in opposition of this item:
Joyce Howard, 1401 Colony Dr. Irving, TX

Councilman Webb abstained from voting on this item as he is the board
president of one of the community development housing organizations that will
be receiving funds from this grant. Per the City Attorney, Charles Anderson, an
abstention affidavit is not required to be filed because he is not abstaining under
Sect. 171 of the Local Government Code.

Motioned by Councilman Philipp, seconded by Councilman Patrick to approve a
resolution for the Submission of the 2011 Action Plan and Associated Social
Service Agency Allocations to the United States Department of Housing and
Urban Development (HUD).

Motion approved 7-0-1.

7
City Council Meeting
July 21, 2011
RESULT: ADOPTED [7 TO 0]
MOVER: Joe Philipp, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway
ABSTAIN: Dennis Webb
ABSENT: Rose Cannaday


12 Resolution No. RES-2011-177 -- Approving the Receipt of Additional Funds
and Extension of a Contract with Texas Department of Housing and
Community Affairs

The following individuals signed up to speak in opposition of this item:
Joyce Howard, 1401 Colony Dr. Irving, TX

Councilman Webb abstained from voting on this item as he is the board
president of one of the community development housing organizations that will
be receiving funds from this grant. Per the City Attorney, Charles Anderson, an
abstention affidavit is not required to be filed because he is not abstaining under
Sect. 171 of the Local Government Code.

Motioned by Councilman Philipp, seconded by Councilman Patrick to approve a
resolution for the Receipt of Additional Funds and Extension of a Contract with
Texas Department of Housing and Community Affairs.

Motion approved 7-0-1.

RESULT: ADOPTED [7 TO 0]
MOVER: Joe Philipp, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway
ABSTAIN: Dennis Webb
ABSENT: Rose Cannaday

8
City Council Meeting
July 21, 2011
13 Resolution No. RES-2011-178 -- Adopting a Schedule for Development
Application Fees, Effective as of October 1, 2011

The following individuals signed up to speak in opposition of this item:
Joyce Howard, 1401 Colony Dr. Irving, TX

Motioned by Councilman Philipp, seconded by Councilman Patrick to approve a
resolution Adopting a Schedule for Development Application Fees, Effective as of
October 1, 2011.

Motion approved 7-1.

Councilman Gallaway opposed this motion.

RESULT: ADOPTED [7 TO 1]
MOVER: Joe Philipp, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Webb
NAYS: Mike Gallaway
ABSENT: Rose Cannaday


14 Ordinance No. ORD-2011-9267 -- Amending Article II Building Codes of
Chapter 8 of the Development Standards and Construction Codes of the
City of Irving, Texas, By Amending Appendix L Fee Schedule of the 2006
International Building Code

Motioned by Councilman Santoscoy, seconded by Councilman Patrick to
approve an ordinance Amending Article II Building Codes of Chapter 8 of the
Development Standards and Construction Codes of the City of Irving, Texas, By
Amending Appendix L Fee Schedule of the 2006 International Building Code.

Motion approved 7-1

Councilman Gallaway opposed this motion.
9
City Council Meeting
July 21, 2011
RESULT: ADOPTED [7 TO 1]
MOVER: Roy Santoscoy, Councilman
SECONDER: Lewis Patrick, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Webb
NAYS: Mike Gallaway
ABSENT: Rose Cannaday


INDIVIDUAL CONSIDERATION
15 Ordinance No. ORD-2011-9268 -- Public Hearing and Ordinance Re-Adopting
Section 13-16 of the Code of Civil and Criminal Ordinances of the City of
Irving, Texas, Relating to Childcare Regulations for City Operated Youth
Programs

Motioned by Councilman Patrick seconded by Councilman Webb to approve the
Ordinance Re-Adopting Section 13-16 of the Code of Civil and Criminal
Ordinances of the City of Irving, Texas, Relating to Childcare Regulations for City
Operated Youth Programs

Motion approved 8-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Dennis Webb, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday











10
City Council Meeting
July 21, 2011
ZONING CASES AND COMPANION ITEMS
16 Ordinance No. ORD-2011-9269 -- Zoning Case #ZC11-0026 - Granting S-P-2
(Generalized Site Plan) for R-7.5 (Single Family) Uses - Approximately 0.99
Acres Located at 1318 Etain Road - Denby Myers, Applicant - Florence
Randall and Jose Rodriguez, Owners

Mayor Van Duyne opened the public hearing at approximately 9:11 p.m.

No one elected to speak at tonights public hearing.

Mayor Van Duyne closed the public hearing at approximately 9:12 p.m.

Motioned by Councilman Patrick, seconded by Councilman Santoscoy to
approve Zoning Case #ZC11-0026 - Granting S-P-2 (Generalized Site Plan) For
R-7.5 (Single Family) Uses - Approximately 0.99 Acres Located At 1318 Etain
Road - Denby Myers, Applicant - Florence Randall And Jose Rodriguez, Owners

Motion approved 8-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Roy Santoscoy, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday


17 Ordinance No. ORD-2011-9270 -- Zoning Case #ZC11-0027 - Granting S-P-1
(Detailed Site Plan) for R-AB (Restaurant with Alcoholic Beverage Sales)
Uses - Approximately 3,891 Square Feet at 7750 North MacArthur
Boulevard, Suite 160 - Star Ventures of Las Colinas, L.P., Applicant - Inland
Western Irving Limited Partnership, Owner

Mayor Van Duyne opened the public hearing at approximately 9:12 p.m.

No one elected to speak at tonights public hearing.

Mayor Van Duyne closed the public hearing at approximately 9:12 p.m.

Motioned by Councilman Patrick, seconded by Councilman Farris to approve
Zoning Case #ZC11-0027 - Granting S-P-1 (Detailed Site Plan) for R-AB
(Restaurant with Alcoholic Beverage Sales) Uses - Approximately 3,891 Square
11
City Council Meeting
July 21, 2011
12
Feet at 7750 North MacArthur Boulevard, Suite 160 - Star Ventures of Las
Colinas, L.P., Applicant - Inland Western Irving Limited Partnership, Owner

Motion approved 8-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lewis Patrick, Councilman
SECONDER: Gerald Farris, Councilman
AYES: Van Duyne, Patrick, Stopfer, Farris, Philipp, Santoscoy, Gallaway,
Webb
ABSENT: Rose Cannaday


APPOINTMENTS AND REPORTS
18 Resolution No. RES-2011-179 -- Selection of Mayor Pro Tem and Deputy
Mayor Pro Tem by the City Council

This item was postponed to the next Council meeting.


19 Mayors Report

The Mayor reported that she won the Trophy for drag racing the Mayor of Fort Worth.


20 Adjournment

The meeting was adjourned at 9:20 PM.


___________________________
Beth Van Duyne, Mayor


ATTEST:


______________________
Shanae Jennings, TRMC
City Secretary
AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4024
Recommending Department: Financial Services LSR No: 12413
Resolution -- Approving an Economic Incentive Agreement Between the
City of Irving, Texas and Aviall Services, Inc. on BPP Eligible Property
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this agreement will allow the City to retain a major corporate
employer in Aviall Services, Inc. Headquartered in Irving, Aviall will employ an
additional 100 full-time jobs with this expansion bringing their total full-time
employment to over 900 jobs.
3. As one of the world's largest providers of new aviation parts and related aftermarket
operations, Aviall markets and distributes products for more than 235
manufacturers and offers approximately 2,000,000 catalog items. Company growth
has led to expansion. Aviall will initially occupy 300,000 square feet of space in the
building currently occupied by Amazon.com. The building is adjacent to their
existing building on Regent Boulevard.
4. The agreement provides 40% rebate on taxes paid on business personal property at
the new location. Aviall must enter into no less than a 9-year lease of at least
300,000 square feet; employ at least 100 new full-time jobs, earning at least
$47,000 per year. The estimated benefit to Aviall is $1,000,000.
5. Aviall must maintain these minimum criteria during the entire term of this agreement
to qualify for the rebate.
6. Because Aviall is located on DFW Airport property, all City revenues generated by
Aviall are subject to the DFW Airport Revenue Sharing agreement. Therefore,
Dallas and Ft. Worth must also approve this agreement before it will become
effective.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
Aviall Expansion- 380 Revised Aviall City BPP (PDF)
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CURRENT YEAR FINANCIAL IMPACT:
N/A
REVISION INFORMATION:
Prepared: 7/6/2011 03:12 PM by Brad Duff
Last Updated: 7/29/2011 10:34 AM by Jennifer Phillips
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4024)
WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code, the City Council
has adopted a program for granting public funds to promote local economic development, and stimulate
business and commercial activity in the City of Irving; and
WHEREAS, pursuant to said policy and Chapter 380 of the Texas Local Government Code, the
City Council finds the economic development incentive offered in the attached agreement will promote
economic development and stimulate business and commercial activity in the City of Irving;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached Economic Incentive Agreement
between the City of Irving and Aviall Services, Inc., and the Mayor is authorized to
execute said agreement.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Aviall
380 BPP Agreement Page 1
ECONOMIC INCENTIVE AGREEMENT
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF IRVING
This Economic Incentive Agreement (Agreement), is made and entered into as of the 4th day
of August, 2011, by and between the City of Irving, Texas (CITY), a home rule city and municipal
corporation of Dallas County, Texas, duly acting herein by and through its Mayor, and Aviall Services,
Inc. (AVIALL), acting by and through its authorized officers, for the purposes and considerations
stated below:
WITNESSETH:
WHEREAS, the CITY has adopted a Comprehensive Policy Statement on Tax Base
Enhancement and Economic Development Incentives (Policy Statement), by the passage of
Ordinance No. 9137, on the 3rd day of December, 2009; and
WHEREAS, the CITYs current Policy Statement entitled:
COMPREHENSIVE POLICY STATEMENT
ON LOCAL ECONOMIC DEVELOPMENT AND BUSINESS
STIMULATION INCENTIVES
(GUIDELINES AND CRITERIA ACTS 1989,
71
ST
LEG., CH. 555)
is attached as Exhibit A hereto; and
WHEREAS, the Policy Statement constitutes appropriate guidelines and criteria governing
economic development incentive and grant agreements to be entered into by the CITY as
contemplated by Chapter 380 of the Local Government Code,
WHEREAS, the CITY desires to enter into an Agreement with AVIALL for economic incentives
pursuant to Chapter 380 of the Texas Local Government Code; and
WHEREAS, the City Council also finds that the improvements sought are feasible and practical
and would be of benefit to the CITY after expiration of this Agreement; and
WHEREAS, the City Council finds that the terms of this Agreement and the Premises and
proposed Qualified Facilities, as hereinafter defined, subject to this Agreement meet the applicable
guidelines and criteria heretofore adopted by the City Council; and
NOW, THEREFORE, the CITY, for good and valuable consideration, the adequacy and receipt
of which is hereby acknowledged, which consideration includes the expansion of primary
employment, the attraction of major investment and increased payroll that contributes to the
economic development of Irving and enhancement of the tax base in the CITY, AVIALL for good and
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380 BPP Agreement Page 2
valuable consideration, the adequacy and receipt of which is hereby acknowledged, which
consideration includes the economic development incentive set forth herein below, as authorized by
Section 380 of the Code, as amended, does hereby contract, covenant and agree as follows:
I.
DEFINITIONS
Wherever used in this Agreement, the following capitalized terms shall have the meanings
ascribed to them:
A. Qualified Facilities shall mean the real property and improvements at the Premises leased by
AVIALL at 2700 Regent Blvd. providing for office and warehouse space for AVIALL.
B. Eligible Property Value is the Personal Property Increment in taxable assessed value of
Personal Property owned by AVIALL, located at 2700 Regent Blvd. and on the appraisal rolls
of the Dallas Central Appraisal District as of tax year beginning January 1, 2012 and continuing
through the tax year ending December 31, 2020.
C. Freeport Goods shall mean that personal property as defined by Article VIII, Section 1-j of
the Texas Constitution, as amended,
D. "Premises" shall mean a certain buildings located at 2700 Regent, DFW Airport, Texas 75261.
E. Grant shall mean the economic development incentive earned from meeting the Minimum
Threshold Eligibility Requirements during the nine (9) year grant term.
F. Minimum Threshold Eligibility Requirements shall mean (i) the lease and occupancy of at
least three-hundred thousand (300,000) square feet for a minimum of nine (9) years and (ii)
the creation of at least one-hundred (100) new jobs, employed in Irving, filled by full time year-
round employees with a hire date within three (3) years of the effective date of this agreement
and (iii) an average salary/benefits of at least forty-seven-thousand ($47,000) per full-time
employee and (iv) current taxable value of the Personal Property owned by Aviall, located at
2750 and 2755 Regent Blvd. remains at or above the taxable value certified for tax year 2011.
G. Personal Property shall mean furniture, fixtures, machinery, equipment and other taxable
personal property, exclusive of Freeport Goods, located in the Qualified Facilities, on the
appraisal rolls of the Dallas Central Appraisal District as of the applicable tax year.
H. Personal Property Increment shall mean the increase in taxable assessed valuation of the
Personal Property located on the Premises, over the 2011 certified taxable value on the Dallas
Central Appraisal District appraisal roll.
II.
GENERAL PROVISIONS
A. AVIALL agrees and covenants that it will diligently and faithfully use the Qualified Facilities for
a minimum term of nine (9) continuous years, during the term of this Agreement. AVIALL
further covenants and agrees that the use of the Qualified Facilities will be in accordance with
all applicable state and local laws and regulations.
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380 BPP Agreement Page 3
B. All procedures followed by the CITY conform to the requirements of the Code, and will be
undertaken in coordination with AVIALLs corporate, public, employee, and business relations
requirements.
C. The Premises are or will be leased by AVIALL which Premises are located solely within the
city limits of the CITY.
D. The Premises are not in an improvement project financed by tax increment bonds.
E. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the
CITY; provided however, that this section shall not be construed to create a security interest in
the Premises or Qualified Facilities in favor of such holders of outstanding bonds of the CITY.
F. The Premises are not owned or leased by any member of the Irving City Council or any
member of the Planning and Zoning Commission of the City of Irving.
G. During the period of the economic incentive grant herein authorized, AVIALL shall be subject
to all applicable CITY taxation not specifically rebated, including but not limited to, sales tax
and ad valorem taxation on land, inventory and supplies.
H. As a condition precedent to receiving any Grant hereunder, AVIALL shall meet the Minimum
Threshold Eligibility Requirements each year during the term of this Agreement.
I. AVIALL further agrees to limit uses on the Premises to those uses allowed under the zoning
regulations for the Premises and those uses which are complementary such as, but not limited to,
parking, landscaping, and business services, and shall not allow uses which cause property
values to decline.
J. AVIALL shall covenant and certify that it does not and will not knowingly employ an
undocumented worker as that term is defined by Section 2264.01(4) of the Texas
Government Code. In accordance with Section 2264.052 of the Texas Government Code,
if AVIALL is convicted of a violation under 8 U.S.D. Section 1324a(f), AVIALL shall repay
to the City the full amount of payments made under this Agreement, plus ten percent
(10%) per annum from the date the payment was made. Repayment shall be paid within
one hundred twenty (120) days after the date AVIALL receives notice of violation from the
City.
III.
OCCUPANCY OF QUALIFIED FACILITIES
As a condition precedent to a Grant, AVIALL must lease the Premises for a term of at least
nine (9) years.
IV.
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380 BPP Agreement Page 4
TERM AND GRANT PERIOD
This agreement shall become effective August 4, 2011; however, the first tax year for which the CITY
shall be obligated to reimburse AVIALL for tax payments set forth above shall be that tax year
beginning January 1 of the first tax year that Aviall meets the Minimum Threshold Eligibility
Requirements and shall thereafter be in effect until December 31, 2020. The first possible
reimbursement due to AVIALL shall be March 31,following the tax year that Aviall meets the Minimum
Threshold Eligibility Requirements.
This Agreement will be automatically extended when lease options are exercised up to a
maximum of ten (10) additional years. Aviall is eligible to apply for additional extensions to
this economic incentive agreement at the end of each lease period.
V.
RATE OF GRANT
The annual Grant amount to Aviall shall be 40% of the taxes paid on the Personal Property
Increment for the Eligible Property Value for each year that Aviall meets the Minimum Threshold
Eligibility Requirements.
Minimum Personal Property Valuation Should the valuation of the Eligible Property Value on the
Premises fall below the 2011 Certified Value as of January 1 of any year during the term of the
Agreement, there shall be no Grant allowed that year or any other future year until the taxable
assessed valuation of the Eligible Property Value on the Premises as of January 1 of that year
exceeds the 2011 Certified Value.
VI
RECORDS AND AUDITS
A. Not later than February 10 of each applicable year, AVIALL shall submit to the CITY a
certification from AVIALL as to (i) the number of square feet occupied at the Qualified
Facilities on January 1 of that year, (ii) the number of full-time AVIALL employees
hired/employed that were hired subsequent to the effective date of this agreement (iii) proof of
at least a nine (9) year lease (iv) the average annual salary/benefits for AVIALLs full-time
employees
B. At all times throughout the term of this Agreement, the CITY or its agents shall have
reasonable access to the Premises by CITY employees (upon reasonable prior written notice
to AVIALL) for the purpose of inspecting same to ensure that the Qualified Facilities are
maintained in accordance with the specifications and conditions of this Agreement; provided
that AVIALL shall have the right to accompany CITY employees on any such inspection and
that such inspection shall be limited to examining only that information necessary to
determining the basis for this abatement.
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C. The Premises at all times shall be used in a manner that is consistent with City of Irving Zoning
Ordinance No. 1144 as amended, and the Policy Statement, and consistent with the general
purpose of encouraging development within the city.
VII.
BREACH
A. CITY may cancel or modify this agreement if owners or Association fails to comply with its
terms.
B. In the event that: (i) the Qualified Facilities for which Grant has been granted are not occupied
in accordance with this Agreement; or (ii) AVIALL allows its ad valorem taxes with respect to
real or personal property on the Premises owed the CITY to become delinquent and fails to
timely and properly follow the legal procedures for protest and/or contest of any such ad
valorem real property taxes or personal property taxes, or (iii) AVIALL breaches any of the
terms or conditions of this Agreement, then AVIALL shall be in default of this Agreement. In
the event AVIALL defaults in its performance of (i), (ii), or (iii) above, the CITY shall give
AVIALL written notice of such default and if AVIALL has not cured such default within thirty
(30) days of said written notice, or, if such default cannot be cured by the payment of money or
posting of a bond or other collateral acceptable to the CITY, and cannot with due diligence be
cured within such thirty (30) day period owing to causes beyond the control of AVIALL, this
Agreement may be terminated by the CITY; provided, however, that if such default is not
reasonably susceptible of cure within such thirty (30) day period and AVIALL has commenced
and is pursuing the cure of same, then, after first advising the City Council of AVIALLs efforts
to cure same, AVIALL may utilize an additional (60) days for such purposes. Time, in addition
to the foregoing ninety (90) days may be authorized by the City Council. Except as provided in
Section V- E, CITYs sole and exclusive remedy for any breach of this Agreement during the
period of Grant, in the event of default after the expiration of the applicable notice and cure
periods, is that the CITY receive from AVIALL as its sole remedy liquidated damages of all
Grants that have been paid to AVIALL for the entire period of the agreement, and interest
thereon be charged at the statutory rate for delinquent taxes as determined by Section 33.01
of the Code, as amended, from thirty (30) days following receipt of written notice of the default
for breach and will become a debt from AVIALL to the CITY. Such amount shall be due,
owing, and paid to the CITY within sixty (60) days of the expiration of the above-mentioned
applicable cure periods as the sole remedy of the CITY, subject to any and all lawful offsets,
settlements, deductions, or credits to which AVIALL may be entitled. The parties
acknowledge that actual damages in the event of default and termination would be speculative
and difficult to determine and that the CITY shall look only to AVIALL in the event of AVIALLs
breach of this Agreement.
VIII.
EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY
A. The Grant will continue during the term of this Agreement if the conditions for such
grant(s) have been met, so long as AVIALL uses the Premises as set forth in B or
C below, and AVIALL is not otherwise in default or breach of this agreement.
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Aviall
380 BPP Agreement Page 6
B. Leases or subleases to AVIALL affiliates which result in a continuation of the
business as an ongoing business in the Premises in the same general manner,
shall not result in a forfeiture of Grant or require City Council approval.
C. Notwithstanding paragraphs A or B above, AVIALL will not lose eligibility to receive
the Grant before the expiration of the ten (10) year grant period should AVIALL
sell the Premises and Qualified Facilities if the following conditions are first met:
1. AVIALL or any of its affiliates continues to occupy and use the Premises
and Qualified Facilities during the Grant period in accordance with this Agreement;
2. AVIALL or any of its affiliates continues to employ at least one-thousand
(1,000) full time employees who shall work on the Premises and in the Qualified
Facilities during the Grant period in accordance with this Agreement; and
3. AVIALL or any of its affiliates meets all other requirements necessary to
receive the Grant.
The term "affiliate as used herein with respect to AVIALL shall mean a person or entity
controlled by, controlling, or under common control with AVIALL. Control of an entity for
these purposes shall mean direct or indirect ownership of at least fifty percent (50%) of the
vote or value of the entity.
IX.
INDEMNITY
It is understood and agreed between the parties that Association AVIALL, in performing their
obligations hereunder, are acting independently, and the CITY assumes no responsibilities or
liabilities in connection therewith to AVIALL or to third parties and AVIALL agrees to indemnify and
hold the CITY, its agents, employees and officers harmless therefrom.
X.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following, or such
other party or address as either party designates in writing, by certified mail, postage prepaid or by
hand delivery:
Aviall Services, Inc.
2750 Regent Blvd.
DFW Airport, Texas 75261
Attn: Ed Dolanski, COO
CITY OF IRVING, TEXAS
825 W. Irving Boulevard
Irving, TX 75060
Attn: City Secretary
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Aviall
380 BPP Agreement Page 7
XI.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by resolution of the City Council that was approved by the
affirmative vote of a majority of the City Council at its regularly scheduled City Council meeting on the
4
th
day of August 2011, authorizing the Mayor to execute this Agreement on behalf of the CITY.
XII.
BOARD OF DIRECTORS AUTHORIZATION
This Agreement was entered into by an officer of AVIALL pursuant to authority granted by
their respective Board of Directors through a formally adopted Schedule of Authorizations.
XIII.
SEVERABILITY
In the event any section, subsection, paragraph, sentence, phrase or word is held invalid,
illegal, or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall
be read as if the parties intended at all times to delete said invalid section, subsection, paragraph,
sentence, phrase or word.
XIV.
ESTOPPEL CERTIFICATE
Any party hereto may request an estoppel certificate from another party hereto so long as the
certificate is requested in connection with a bona fide business purpose. The certificate, which will
upon request be addressed to a subsequent purchaser or assignee, shall include, but not necessarily
be limited to, statements (to the best knowledge of the party providing such) that this Agreement is in
full force and effect without default (or if default exists, the nature of default and curative action, which
should be undertaken to cure same), the remaining term of this Agreement, the levels of Grant in
effect, and such other matters reasonably requested by the party(ies) to receive the certificate. Any
such certificate on behalf of the CITY shall be provided by the Financial Services Department for the
City of Irving.
XV.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas. Venue for any action
under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is
performable in Dallas County, Texas.
XVI.
RECORDATION OF AGREEMENT
A certified copy of this Agreement in recordable form may be recorded in the Deed Records of
Dallas County, Texas.
XVII.
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Aviall
380 BPP Agreement Page 8
ENTIRE AGREEMENT
This Agreement along with that Economic Incentive Agreement entered into simultaneously by
the parties on August 4
th
, 2011 (Freeport Agreement) and along with the Economic Incentive
Agreement entered into by the parties on February 22, 2001 and Renewed on September 7
th
2006
constitutes the entire Grant Agreement between the parties, supercedes any prior understanding or
written or oral grant agreements or representations between the parties, and can be modified only by
written instrument subscribed to by both parties. Notwithstanding the foregoing provision, this Grant
Agreement does not modify, alter, or amend any other agreement or instrument between the CITY
and AVIALL relating to matters other than the abatement of ad valorem taxes with respect to the
Premises. This Agreement may be executed in multiple counterparts, each of which shall be
considered an original. The obligation to create new jobs contained in this Agreement is the same
obligation and not in addition to the obligation to create jobs contained in the Freeport Agreement.
XVIII.
REVENUE SHARING CONTINGENCY
The Qualified Facilities are located within a portion of the D/FW International Airport which is subject
to revenue sharing between the Cities of Irving, Dallas and Fort Worth. In as much as the amount of
the grant specified in this agreement exceeds the amount which would be retained by the City of
Irving under such revenue sharing, any grant under this Agreement is contingent upon approval of
this agreement by both cities of Dallas and Fort Worth. Approval of this Agreement by all of the cities
means that the amount of the grant will be borne by all of the cities in proportion in the same manner
as revenue divided pursuant to such revenue sharing, and Irving shall pay such grant without having
to divide the revenue generated by Qualified Facilities in the amount of the grant with the Cities of
Dallas and Fort Worth. However, if AVIALL should breach this agreement and be required to repay
all prior grants, such grant repayment shall be divided between all three cities pursuant to such
revenue sharing.
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Aviall
380 BPP Agreement Page 9
EXECUTED the ________ day of ______________________, 2011.
CITY OF IRVING, TEXAS
By: _______________________________
Beth Van Duyne, Mayor
ATTEST:
__________________________________
Shanae Jennings, Acting City Secretary, City of Irving
APPROVED AS TO FORM:
___________________________________
Charles Anderson, City Attorney, City of Irving
Aviall Services, Inc.
By: _______________________________
Ed Dolanski, COO
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380 BPP Agreement Page 10
MAYOR'S ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF IRVING
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Beth Van Duyne, Mayor of the City of Irving, Texas, a
municipal corporation, known to me to be the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the act of the said City of Irving,
Texas, a municipal corporation, that she was duly authorized to perform the same by appropriate
resolution of the City Council for the City of Irving and that she executed the same as the act of the
said CITY for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of
_______________, A.D., 2011.
_________________________________________
Notary Public in and for the State of Texas
_________________________________________
(Typed/Printed Name of Notary)
My Commission Expires:
____________________
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380 BPP Agreement Page 11
CORPORATE ACKNOWLEDGEMENT
THE STATE OF TEXAS

COUNTY OF DALLAS
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared Ed Dolanski of Aviall Services, Inc. known to me to be the
person and officer whose name is subscribed to the foregoing instrument and acknowledged to me
he/she executed the same as a duly authorized officer of such association, and as the act and deed
of such corporation, for the purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of
_______________, A.D., 2011.
_________________________________________
Notary Public in and for the State of Texas
_________________________________________
(Typed/Printed Name of Notary)
My Commission Expires:
____________________
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4025
Recommending Department: Financial Services LSR No: 12438
Resolution -- Approving an Economic Incentive Agreement Between the
City of Irving, Texas and Aviall Services, Inc. on Freeport Eligible
Property
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Approval of this agreement will allow the City to retain a major corporate
employer in Aviall Services, Inc. Headquartered in Irving, Aviall will employ an
additional 100 full-time jobs with this expansion bringing their total full-time
employment to over 900 jobs.
3. As one of the world's largest providers of new aviation parts and related aftermarket
operations, Aviall markets and distributes products for more than 235
manufacturers and offers approximately 2,000,000 catalog items. Company growth
has led to expansion. Aviall will initially occupy 300,000 square feet of space in the
building currently occupied by Amazon.com. The building is adjacent to their
existing building on Regent Boulevard.
4. The agreement provides 100% rebate on taxes paid on business personal property
classified as Freeport eligible at the new location. Aviall must enter into no less
than a 9-year lease of at least 300,000 square feet and employ at least 100 new
full-time jobs.
5. Aviall must maintain these minimum criteria during the entire term of this agreement
to qualify for the rebate.
6. Because Aviall is located on DFW Airport property, all City revenues generated by
Aviall are subject to the DFW Airport Revenue Sharing agreement. Therefore,
Dallas and Ft. Worth must also approve this agreement before it will become
effective.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: N/A Council Action: N/A
.
ATTACHMENTS:
Aviall Expansion Freeport Revised Agreement (PDF)
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CURRENT YEAR FINANCIAL IMPACT:
N/A
REVISION INFORMATION:
Prepared: 7/6/2011 03:12 PM by Brad Duff
Last Updated: 7/29/2011 10:36 AM by Jennifer Phillips
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4025)
WHEREAS, pursuant to Chapter 380 of the Texas Local Government Code, the City Council
has adopted a program for granting public funds to promote local economic development, and stimulate
business and commercial activity in the City of Irving; and
WHEREAS, pursuant to said policy and Chapter 380 of the Texas Local Government Code, the
City Council finds the economic development incentive offered in the attached agreement will promote
economic development and stimulate business and commercial activity in the City of Irving;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached Economic Incentive Agreement
between the City of Irving and Aviall Services, Inc., and the Mayor is authorized to
execute said agreement.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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AVIALL Page 1
Chapt er 380 I ncent ive Agreement
ECONOMIC INCENTIVE AGREEMENT
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF IRVING
This Economic Incentive Agreement (Agreement), effective as of the 4th day of August,
2011, is entered into by and between the City of Irving, Texas (CITY), a home rule city and
municipal corporation of Dallas County, Texas, duly acting herein by and through its Mayor,
and Aviall Services, Inc. (AVIALL), acting by and through its authorized officers, for the
purposes and considerations stated below:
WHEREAS, the CITY has adopted a Comprehensive Policy Statement on Local Economic
Development and Business Stimulation Incentives (Policy Statement), by the passage of
Ordinance No. 9137 on the 9
th
day of December, 2009; and
WHEREAS, the CITYS Policy Statement entitled: COMPREHENSIVE POLICY
STATEMENT ON LOCAL ECONOMIC DEVELOPMENT AND BUSINESS STIMULATION
INCENTIVES (GUIDELINES AND CRITERIA ACTS 1989, 71
ST
LEG., CH. 555) is attached
as Exhibit A hereto; and
WHEREAS, the Policy Statement constitutes appropriate guidelines and criteria governing
economic incentive agreements to be entered into by the CITY as contemplated by Chapter
380 of the Texas Local Government Code; and
WHEREAS, Chapter 380 of the Texas Local Government Code authorizes the CITY to
enter into economic incentive agreements with business entities such as AVIALL for the
purpose set forth in the Guidelines, and
WHEREAS, the CITY desires to enter into an Agreement with AVIALL for economic
incentives pursuant to Chapter 380 of the Texas Local Government Code, as amended; and
WHEREAS, the contemplated use of the Premises, and the other terms hereof are
consistent with encouraging development and retention of this major corporate citizen and
are in compliance with the Policy Statement and similar guidelines and criteria adopted by
the CITY and all applicable law; and
WHEREAS, the City Council finds that the terms of this Agreement meet the applicable
guidelines and criteria heretofore adopted by the City Council; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the City of Irving, the City Council finds that it is in the best interest of
the taxpayers for the CITY to enter into this Agreement;
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AVIALL Page 2
Chapt er 380 I ncent ive Agreement
NOW, THEREFORE, the CITY for good and valuable consideration, the adequacy and
receipt of which is hereby acknowledged, which consideration includes the expansion of a
major corporate citizen that will contribute to the economic development of CITY and
AVIALL for good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, which consideration includes the economic incentives set forth herein
below, as authorized by Chapter 380 of the Texas Local Government Code, as amended,
do hereby contract, covenant and agree as follows:
I.
DEFINITIONS
Freeport Goods shall mean that personal property as defined by Article VIII, Section 1-j of
the Texas Constitution, and as may be amended.
Premises shall mean a warehouse/distribution center at 2700 Regent Blvd., DFW Airport,
Texas 75261 of not less than 300,000 square feet.
New Jobs shall mean full time jobs, employed in Irving, Texas with a hire date subsequent
to this Agreement.
Inventory shall mean all business personal property (non-Freeport Goods) located at the
Premises with a minimum taxable value of $550,000,000 as determined by Dallas Central
Appraisal District.
II.
CONSIDERATION
In consideration for AVIALL leasing the warehouse/distribution center located at 2700
Regent Blvd., DFW Airport, Texas 75261 pursuant to a lease agreement with a minimum
term of nine (9) years, creating at least one-hundred (100) New Jobs with a hire date within
three (3) years of the effective date of this agreement, and maintaining an Inventory at the
Premises a portion of which includes Freeport Goods, the CITY will pay to AVIALL, no
later than March 31st of each applicable year, an amount equal to the ad valorem personal
property tax AVIALL paid to the CITY for the previous year as taxes on personal property
located at 2700 Regent Blvd, DFW Airport, Texas 75261 and currently defined as Freeport
Goods . However, should AVIALL fail to pay CITY said personal property taxes for any
year, CITY shall not make any payment to AVIALL.
III.
TERM
This agreement shall become effective August 4, 2011 however, the first tax year for which
the CITY shall be obligated to reimburse AVIALL for tax payments set forth above shall be
that tax year beginning January 1, 2012, and shall thereafter be in effect until December 31,
2020. The first possible reimbursement due to AVIALL shall be March 31, 2013.
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AVIALL Page 3
Chapt er 380 I ncent ive Agreement
This Agreement will be automatically extended when lease options are exercised up to a
maximum of ten (10) additional years. Aviall is eligible to apply for additional extensions to
this economic incentive agreement at the end of each lease period
V.
RECORDS AND AUDITS
A. Throughout the term of this agreement, the CITY or its agents shall have reasonable
access to AVIALLS Premises by CITY employees (upon prior reasonable notice to
AVIALL) for the purpose of inspecting same to ensure that the inventory is located in
accordance with the specifications and conditions of this agreement; provided that
AVIALL shall have the right to accompany CITY employees on any such inspection
and keeping in mind the privacy and security interest of AVIALLS employees.
B. The Premises at all times shall be used in a manner that is consistent with City of Irving
Zoning Ordinances applicable to the Premises.
C. AVIALL shall covenant and certify that it does not and will not knowingly employ an
undocumented worker as that term is defined by Section 2264.01(4) of the Texas
Government Code. In accordance with Section 2264.052 of the Texas Government
Code, if AVIALL is convicted of a violation under 8 U.S.D. Section 1324a(f), AVIALL
shall repay to the City the full amount of payments made under this Agreement, plus
ten percent (10%) per annum from the date the payment was made. Repayment shall
be paid within one hundred twenty (120) days after the date AVIALL receives notice of
violation from the City.
V.
BREACH
A. CITY may modify this Agreement if AVIALL fails to comply with its terms, provided
that any such modification will have prospective application only and AVIALL may
terminate this Agreement on notice (forfeiting any future rebates from the CITY) if any
such modifications are not mutually acceptable. It is expressly agreed that
participation by AVIALL in the protest/appeal process of property values through
the Dallas Central Appraisal District does not constitute failure to comply with the
terms of this Agreement.
B. If AVIALL fails to comply with its terms, or in the event that (i) the office/warehouse is
moved from the CITY or (ii) AVIALL allows its ad valorem taxes with respect to
personal property on the Premises owed the CITY to become delinquent and fails to
timely and properly follow the legal procedures for protest and/or contest of any such
ad valorem personal property taxes, or (iii) AVIALL breaches any of the terms or
conditions of this Agreement, then AVIALL shall be in default of this Agreement. In
the event that AVIALL defaults in its performance of (i), (ii) or (iii) above, the CITY
shall give AVIALL written notice of such default and if AVIALL has not cured such
default within thirty (30) days of said written notice, or, if such default cannot be cured
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Chapt er 380 I ncent ive Agreement
by the payment of money or posting of a bond or other collateral reasonably
acceptable to the CITY, and cannot with due diligence be cured within such thirty (30)
day period owing to causes beyond the control of AVIALL, this Agreement may be
terminated by the CITY provided, however, that if such default is not reasonably
susceptible of cure within such thirty (30) day period and AVIALL has commenced
and is pursuing the cure of same, then after first advising the City Council of
AVIALLS efforts to cure same, AVIALL may utilize an additional thirty (30) days.
Time, in addition to the foregoing sixty (60) days may be authorized by the City
council. During the initial three (3) year term of this Agreement, as CITYs sole and
exclusive remedy for any breach under this Agreement, in the event of default after the
expiration of the applicable notice and cure periods, the CITY shall receive from
AVIALL as liquidated damages all previous payments made by the CITY to AVIALL
pursuant to this economic incentive agreement and interest thereon be charged at the
statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as
amended, from the date of the first payment and will become a debt from AVIALL to
the CITY. And CITY shall have no obligation to reimburse AVIALL for any tax
payments. Such amount shall be due, owing, and paid to the CITY by AVIALL within
sixty (60) days of the expiration of the above-mentioned applicable curing period as
the sole remedy of the CITY, subject to any and all lawful offsets, settlements,
deductions, or credits to which AVIALL may be entitled. The parties acknowledge that
actual damages in the event of default and termination would be speculative and
difficult to determine. During extensions to this Agreement following the initial five (5)
year term, as CITYs sole and exclusive remedy for any breach under this Agreement,
in the event of default after the expiration of the applicable notice and cure periods, the
CITY may cancel the Agreement and no further payments shall be due to AVIALL.
VI.
EFFECT OF SALE, ASSIGNMENT OR LEASE OF PROPERTY
This agreement and the economic incentives are not assignable by AVIALL to any entity
other than an affiliated company or successor without approval of the City Council. In the
event of assignment to an affiliated company or successor, AVIALL must confirm such
assignment in writing to the CITY, and the successor must confirm its intent to be bound by
this Agreement and to assume all responsibilities hereunder of AVIALL within 90 days of
such assignment, or before the beginning of the next tax year, whichever comes first. In the
event of failure to confirm assignment to an affiliate or successor hereunder, the successor
may seek approval from the City Council for the assignment.
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AVIALL Page 5
Chapt er 380 I ncent ive Agreement
VII.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following, or
such other party or address as either party designates in writing, by certified mail, postage
prepaid or by hand delivery:
AVIALL, SERVICES, INC.
2750 Regent Blvd.
DFW Airport, Texas 75261
Attn: Ed Dolanski, COO
CITY OF IRVING, TEXAS
825 W. Irving Boulevard
Irving, Texas 75060
Attention: City Secretary
VIII.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by resolution of the City Council that was approved by the
affirmative vote of a majority of the City Council at its regularly scheduled City Council meeting on
the 4th day of August, 2011, authorizing the Mayor to execute this Agreement on behalf of the
CITY.
IX.
BOARD OF DIRECTORS AUTHORIZATION
This Agreement was entered into by an authorized representative of AVIALL pursuant to
authority granted by their respective Board of Directors through formal delegations.
X.
SEVERABILITY
In the event any section, subsection, paragraph, sentence, phrase or word is held invalid,
illegal, or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and
shall be read as if the parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase or word.
XI.
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AVIALL Page 6
Chapt er 380 I ncent ive Agreement
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas. Venue for any action
under this Agreement shall be the States District Court of Dallas County, Texas. This Agreement
is performable in Dallas County, Texas.
XII.
RECORDATION OF AGREEMENT
A certified copy of this Agreement in recordable form shall be recorded in the Deed Records
of Dallas County, Texas.
XIII.
CERTIFICATION
During the term of such agreement, AVIALL will submit a statement annually on or before
February 10, immediately following the calendar year end, providing the percentage of
inventory which constitutes Freeport Goods, the square footage occupied at the premises
and the number of full-time employees hired subsequent to the effective date of this
agreement for each year for which the applicant seeks the incentive provided by the policy.
The Citys rights shall be the same rights as the Dallas Central Appraisal District with regard
to the review and examination of AVIALLS appropriate books and records. Should
AVIALL fail to submit the required statement, AVIALL shall not be stopped from seeking
the incentive in future years. The assessed value of AVIALLS inventory utilized for this
agreement will be that value determined from time to time by the Dallas Central Appraisal
District in accordance with Texas law.
XIV.
ENTIRE AGREEMENT
This Agreement along with the Economic Incentive Agreement entered into by the parties
on February 22, 2001 and renewed on September 7
th
2006 and the Economic Incentive
Agreement entered into the same date as this Agreement by the parties (380 Agreement)
constitutes the entire economic incentive agreement between the parties, and supersedes
any prior understanding or written or oral agreements or representations between the
parties, and can be modified only by written instrument subscribed to by both parties.
Notwithstanding the foregoing provision, this Agreement does not modify, alter, or amend
any other agreement or instrument between CITY and AVIALL relating to matters other
than the economic incentives with respect to the Freeport Goods inventory. This
Agreement may be executed in multiple counterparts, each of which shall be considered an
original. The obligation to create new jobs contained in this Agreement is the same
obligation and not in addition to the obligation to create jobs contained in the 380
Agreement.
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AVIALL Page 7
Chapt er 380 I ncent ive Agreement
XV.
REVENUE SHARING CONTINGENCY
The Qualified Facilities are located within a portion of the D/FW International Airport
which is subject to revenue sharing between the Cities of Irving, Dallas and Fort Worth.
In as much as the amount of the grant specified in this agreement exceeds the amount
which would be retained by the City of Irving under such revenue sharing, any grant
under this Agreement is contingent upon approval of this agreement by both cities of
Dallas and Fort Worth. Approval of this Agreement by all of the cities means that the
amount of the grant will be borne by all of the cities in proportion in the same manner as
revenue divided pursuant to such revenue sharing, and Irving shall pay such grant
without having to divide the revenue generated by Qualified Facilities in the amount of
the grant with the Cities of Dallas and Fort Worth. However, if AVIALL should breach
this agreement and be required to repay all prior grants, such grant repayment shall be
divided between all three cities pursuant to such revenue sharing.
CITY OF IRVING, TEXAS
By: ____________________________
Beth Van Duyne, Mayor
Attest:
__________________________
Shanae Jennings
Acting City Secretary
Approved as to form:
__________________________
Charles Anderson
City Attorney
AVIALL SERVICES, INC.
By: ___________________
Name:
Its:
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AVIALL Page 8
Chapt er 380 I ncent ive Agreement
CORPORATE ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
CITY OF IRVING
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this day personally appeared Ed Dolanski, COO of AVIALL SERVICES, INC., known to me to be the
person and officer whose name is subscribed to the foregoing instrument and acknowledged to me he/she
executed the same as a duly authorized officer of such corporation, and as the act and deed of such
corporation, for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _____ day of _______________,
A.D., 2011.
_________________________________________
Notary Public
_________________________________________
(Typed/Printed Name of Notary)
My Commission Expires:
____________________
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4050
Recommending Department: Capital Improvement Program LSR No: 12555
Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Lockwood, Andrews & Newnam, Inc., for the Design of
the Upper Delaware Creek Wastewater Basin Improvements Project and
Miscellaneous Water and Wastewater Main Replacements
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This work is part of the priority replacements for the Water Utilities
Department. This project will provide better capacity and decrease inflow and
infiltration of groundwater into the citys wastewater system.
3. This project will design the installation of over 8,210 linear feet of 6-inch to 36-inch
utility main improvements, various point repairs and manhole rehabilitations
identified in a study of the Upper Delaware Creek Wastewater Basin.
4. This project will also design the replacement of 15,300 linear feet of water and
wastewater mains along Jan Court, Shere Lane, Shere Circle, West Eleventh
Street, Joslin Street, Konet Street, Louise Street, Gail Court and an easement
between 3217 and 3213 Konet Street.
5. Request for qualifications were sent to 166 vendors with 38 responses. The top six
firms were interviewed. Lockwood, Andrews & Newnam, Inc., was determined to
be one of the three firms to have the best design team expertise and experience for
the design of the work solicited.
6. Staff has negotiated a fair and reasonable agreement with Lockwood, Andrews &
Newnam, Inc., for these services and recommends award.
7. The engineering design fee is $396,465.80 or 6% of the estimated construction. An
additional $300,484.25 is budgeted for special services such as design surveying,
easement documents, utility potholing and geotechnical investigations for a total
award of $696,950.05 for the design. The total estimated construction cost is
$6,298,300.00.
8. Minority- and/or Women-owned Business (M/WBE) participation in this award is
39%.
9. Funding in the amount of $202,115.51 is available in the Water Improvement Bond
Fund and $494,834.54 is available in the Sanitary Sewer Bond Fund.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES-2011-119 Council Action: Authority to Negotiate
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.
The grading criteria for the selection was:
Experience with RELEVENT projects, which include water and wastewater replacements
within a fully developed urban area. Knowledge and previous experience with various
methods of water and wastewater replacement and rehabilitation. (25%)
Ability, capacity, skill and organization of the respondent to complete the project within budget
and in an established timeline. Examples of past RELEVENT projects will be helpful in
relating past experiences. Designs for the proposed sites will not be necessary. (25%)
Manner in which the consultant interacts with the various groups involved with the
development of a project (such as regulatory agencies and city staff). (10%)
Financial stability and credit history. (5%)
The character, integrity, reputation, judgment, experience, location and efficiency of the
respondent. (10%)
Ability to adequately convey his perceptions of the scope, opportunities and constraints
surrounding these types of projects. (10%)
Feedback from references. (15%)
ATTACHMENTS:
Upper Delaware Wastewater Basin (PDF)
2011 Water Wastewater Replacements 2 (PDF)
Agreement with LAN for Upper Delaware Creek Wastewater Basin Misc W WW (PDF)
Vendor Performance Worksheet - LAN (XLSX)
CURRENT YEAR FINANCIAL IMPACT:
5411-3251-77005-906009 Budget: $202,115.51 Actual: $202,115.51
5412-3271-77005-906010 Budget: $494,834.54 Actual: $494,834.54
P0190529
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 7/20/2011 11:17 AM by Lana King
Last Updated: 7/21/2011 10:33 AM by Lana King
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4050)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Lockwood, Andrews & Newnam, Inc., for engineering services in
connection with the design of the Upper Delaware Creek Wastewater Basin
Improvements Project and Miscellaneous Water and Wastewater Replacements in an
amount not to exceed $696,950.05, and the Mayor is authorized to execute said
agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 5411-3251-77005-906009 in
the amount of $202,115.51 and Account No. 5412-3271-77005-906010 in the amount
of $494,834.54.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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Upper Dela wa re Creek
Wa st ewa t er Ba si n
Reha bi lit a t i on
Upper Dela wa re Creek
Wa st ewa t er Ba si n
Reha bi lit a t i on
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NOT TO SCALE
MAY - 2011
CI TY OF I RVING
Capit al Improvement Program
Wat er Ut ilit ies
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NOT TO SCALE
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CI TY OF I RVING
Capit al Improvement Program
Wat er Ut ilit ies
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Agenda It em # 4050 Counci l M eet i ng Dat e
Bi d Name
In-House Ser vi ces
Tot al In-House Est i mat e
Pr oposed Vendor
Pr oposed Vendor Bi d Pr oposed Cont r act Ter m
Cur r ent Vendor
Cur r ent Vendor Bi d Cur r ent Cont r act Ter m
Di f f er ence Vendor vs. In-House
Wer e pr oduct s/ ser vi ces del i ver ed on t i me?
Di d ser vi ce/ pr oduct s meet speci f i cat i ons f or qual i t y?
Wer e pr oduct s/ ser vi ces del i ver ed at or bel ow cont r act ed bi d pr i ce?
Cust omer Ser vi ce
Bel ow Expect at i ons (No)
Responsi ve (Yes)
Above Expect at i ons (Yes)
Sol e/ Si ngl e Sour ce (Yes/ No)
Over al l Per f or mance Rat i ng
Can w or k be per f or med by ci t y st af f ?
If no, r eason f or not compl et i ng w or ksheet (pl ace check mar k i n appr opr i at e bl ank)
No i n-house exper t i se X Pr oj ect t i me const r ai nt s
No i n-house equi pment Ot her
In-House vs. Out si de Vendor Cost / Benef i t Anal ysi s Wor ksheet Compl et ed?
$696,950.05
Lockw ood, Andr ew s & New nam, Inc.
n/ a
$0.00
$696,950.05
n/ a
VENDOR PERFORM ANCE WORKSHEET
August 4, 2011
Desi gn of t he Upper Del aw ar e Cr eek Wast ew at er Basi n Impr ovement s Pr oj ect and M i scel l aneous Wat er
and Wast ew at er M ai n Repl acement s
365 Cal endar Days
Di f f er ence
(+/ - f r om pr evi ous
cont r act )
Per f or mance
Cr i t er i a
Lockw ood, Andr ew s &
New nam, Inc.
$0.00 Lockw ood, Andr ew s &
New nam, Inc.
$696,950.05 $696,950.05 Yes
Cur r ent / Pr evi ous
Vendor
Cur r ent / Pr evi ous
Pr i ce Pr oposed Vendor Pr oposed Pr i ce
No
VENDOR PERFORM ANCE CRITERIA
Yes
Comment s
No
Yes/ No
Yes
Yes
Yes
Yes
7.d
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4001
Recommending Department: Capital Improvement Program LSR No: 12510
Resolution -- Approving an Engineering Services Agreement Between the
City of Irving and Freese and Nichols, Inc., for the Design of the Water
Meter Vault Reconstruction, Section IV Project and Miscellaneous Water
and Wastewater Main Replacements
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This work is part of the priority replacements for the Water Utilities
Department. This project will design the replacement of commercial water meter
vaults that can no longer be tested for accuracy and parts are unavailable.
3. This project will design the replacement of 20 commercial water meter vaults at
various locations and the replacement of over 14,535 linear feet of water and
wastewater mains along Rogers Road, Park Place, Britain Road, Milner Road,
State Highway 183 and within a utility easement between Windsor Street and Drake
Street.
4. Request for qualifications were sent to 166 vendors with 38 responses. The top six
firms were interviewed. Freese and Nichols, Inc., was determined to be one of
three firms to have the best design expertise and experience for the design of the
work solicited.
5. Staff has negotiated a fair and reasonable agreement with Freese and Nichols, Inc.,
for these services and recommends award.
6. The engineering design fee is $319,600.00 or 10% of the estimated construction.
An additional $182,200.00 is budgeted for special services such as design
surveying, easement documents, utility potholing and geotechnical investigations
for a total award of $501,800.00 for the design. Total estimated construction cost is
$3,269,800.00.
7. Minority- and/or Women-owned Business (M/WBE) participation in this award is
32%.
8. Funding in the amount of $283,299.60 is available in the Water Improvement Bond
Fund and $218,500.40 is available in the Sanitary Sewer Bond Fund.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES-2011-117 Council Action: Authority to Negotiate
.
The grading criteria for the selection was:
8
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Experience with RELEVENT projects, which include water and wastewater replacements
within a fully developed urban area. Knowledge and previous experience with various
methods of water and wastewater replacement and rehabilitation. (25%)
Ability, capacity, skill and organization of the respondent to complete the project within budget
and in an established timeline. Examples of past RELEVENT projects will be helpful in
relating past experiences. Designs for the proposed sites will not be necessary. (25%)
Manner in which the consultant interacts with the various groups involved with the
development of a project (such as regulatory agencies and city staff). (10%)
Financial stability and credit history. (5%)
The character, integrity, reputation, judgment, experience, location and efficiency of the
respondent. (10%)
Ability to adequately convey his perceptions of the scope, opportunities and constraints
surrounding these types of projects. (10%)
Feedback from references. (15%)
ATTACHMENTS:
2011 Meter Vaults (PDF)
2011 Water Wastewater Replacements 3 (PDF)
Agreement with Freese & Nichols for Water Meter Vault Section IV (PDF)
Vendor Performance Worksheet - Freese and Nichols (XLSX)
CURRENT YEAR FINANCIAL IMPACT:
5411-3251-77005-906009 Budget: $283,299.60 Actual: $283,299.60
5412-3271-77005-906010 Budget: $218,500.40 Actual: $218,500.40
P0190273
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 6/22/2011 02:15 PM by Lana King
Last Updated: 7/25/2011 02:22 PM by Kay Corrales
8
Packet Pg. 88
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4001)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Freese and Nichols, Inc., for engineering design services in connection
with the Water Meter Vault Reconstruction, Section IV Project and Miscellaneous
Water and Wastewater Replacements in an amount not to exceed $501,800.00, and
the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 5411-3251-77005-906009 in
the amount of $283,299.60 and Account No. 5412-3271-77005-906010 in the amount
of $218,500.40.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
8
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Wa t er Met er
Va ult Reconst ruct ion
Wa t er Met er
Va ult Reconst ruct ion
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NOT TO SCALE
MAY - 2011
CI TY OF I RVING
Capit al Improvement Program
Wat er Ut ilit ies
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20 11 Wa t er
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NOT TO SCALE
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CI TY OF I RVING
Capit al Improvement Program
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Agenda It em # 4001 Counci l M eet i ng Dat e
Bi d Name
In-House Ser vi ces
Tot al In-House Est i mat e
Pr oposed Vendor
Pr oposed Vendor Bi d Pr oposed Cont r act Ter m
Cur r ent Vendor
Cur r ent Vendor Bi d Cur r ent Cont r act Ter m
Di f f er ence Vendor vs. In-House
Wer e pr oduct s/ ser vi ces del i ver ed on t i me?
Di d ser vi ce/ pr oduct s meet speci f i cat i ons f or qual i t y?
Wer e pr oduct s/ ser vi ces del i ver ed at or bel ow cont r act ed bi d pr i ce?
Cust omer Ser vi ce
Bel ow Expect at i ons (No)
Responsi ve (Yes)
Above Expect at i ons (Yes)
Sol e/ Si ngl e Sour ce (Yes/ No)
Over al l Per f or mance Rat i ng
Can w or k be per f or med by ci t y st af f ?
If no, r eason f or not compl et i ng w or ksheet (pl ace check mar k i n appr opr i at e bl ank)
No i n-house exper t i se X Pr oj ect t i me const r ai nt s
No i n-house equi pment Ot her
In-House vs. Out si de Vendor Cost / Benef i t Anal ysi s Wor ksheet Compl et ed?
$501,800.00
Fr eese and Ni chol s, Inc.
n/ a
$0.00
$501,800.00
n/ a
VENDOR PERFORM ANCE WORKSHEET
August 4, 2011
Desi gn of t he Wat er M et er Vaul t Reconst r uct i on, Sec IV Pr oj ect and M i sc Wat er and Wast ew at er
Repl acement s
365 Cal endar Days
Di f f er ence
(+/ - f r om pr evi ous
cont r act )
Per f or mance
Cr i t er i a
Fr eese and Ni chol s, Inc. $0.00 Fr eese and Ni chol s, Inc. $501,800.00 $501,800.00 Yes
Cur r ent / Pr evi ous
Vendor
Cur r ent / Pr evi ous
Pr i ce Pr oposed Vendor Pr oposed Pr i ce
No
VENDOR PERFORM ANCE CRITERIA
Yes
Comment s
No
Yes/ No
Yes
Yes
Yes
Yes
8.d
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4041
Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to SYB Construction Company, Inc., for
the Nursery-Railroad Basin Wastewater and Water Main Improvements
Project, Contract A
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This work is part of the priority replacements for the Water Utilities
Department. This project provides for the continued maintenance and
improvement of the citys water distribution and wastewater collection systems.
3. This project will replace wastewater and water mains along Daywood Lane, Drexel
Drive, Ben Drive, East Pioneer Drive, Sharon Road, Mark Street, South Irving
Heights Drive, Williams Road and Belt Line Road.
4. Bids were received from three bidders. SYB Construction Company, Inc.,
submitted the lowest and best base bid for $1,728,578.45. An additional
$17,421.55 is required for testing, bringing the total cost of the project to
$1,746,000.00. This is $414,000.00 (20%) below the funding allocated for this
project. These savings will pay for 3,100 4,100 linear feet of additional water
and sewer mains on future projects.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
6. Funding in the amount of $515,791.45 is available in the Water Improvement Bond
Fund and $1,230,208.55 is available in the Sanitary Sewer Bond Fund.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
Bid notices were sent to 423 contractors, of those 318 were M/WBE.
On July 15, 2011, bids were received for the Nursery-Railroad Basin Wastewater and Water
Main Improvements Project, Contract A. The following is a tabulation of the bids received:
Bidder Base Bid Calendar Days
SYB Construction Company, Inc. $1,728,578.45 250
Saber Development Corporation $1,982,461.50 250
9
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Muniz Construction, Inc. $2,277,826.00 250
ATTACHMENTS:
Engineer Recommendation Nursery-Railroad (PDF)
Nursery Railroad Basin W & WW (1) (PDF)
Nursery Railroad Basin W & WW (2) (PDF)
Vendor Performance Worksheet - SYB Const Co (XLSX)
CURRENT YEAR FINANCIAL IMPACT:
5411-3251-75901-911015 Budget: $ 515,791.45 Actual: $ 515,791.45
5412-3271-71401-911015 Budget: $1,230,208.55 Actual: $1,230,208.55
P0190499
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 7/18/2011 01:40 PM by Kay Corrales
Last Updated: 7/21/2011 10:07 AM by Lana King
9
Packet Pg. 113
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4041)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves and accepts the bid of SYB Construction
Company, Inc., in the amount of $1,728,578.45 for Nursery-Railroad Basin
Wastewater and Water Main Improvements Project, Contract A and awards the
contract to s aid company in said amount and authorizes the Mayor to execute said
contract.
SECTION II. THAT $17,421.55 is hereby approved and authorized for testing to be performed by
the City of Irving's contracted testing firm.
SECTION III. THAT this expenditure shall be charged to Account No. 5411-3251-75901-911015 in
the amount of $515,791.45 and Account No. 5412-3271-71401-911015 in the amount
of $1,230,208.55.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
9
Packet Pg. 114
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
9
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Agenda It em # 4041 Counci l M eet i ng Dat e
Bi d Name
In-House Ser vi ces
Tot al In-House Est i mat e
Pr oposed Vendor
Pr oposed Vendor Bi d Pr oposed Cont r act Ter m
Cur r ent Vendor
Cur r ent Vendor Bi d Cur r ent Cont r act Ter m
Di f f er ence Vendor vs. In-House
Wer e pr oduct s/ ser vi ces del i ver ed on t i me?
Di d ser vi ce/ pr oduct s meet speci f i cat i ons f or qual i t y?
Wer e pr oduct s/ ser vi ces del i ver ed at or bel ow cont r act ed bi d pr i ce?
Cust omer Ser vi ce
Bel ow Expect at i ons (No)
Responsi ve (Yes)
Above Expect at i ons (Yes)
Sol e/ Si ngl e Sour ce (Yes/ No)
Over al l Per f or mance Rat i ng
Can w or k be per f or med by ci t y st af f ?
If no, r eason f or not compl et i ng w or ksheet (pl ace check mar k i n appr opr i at e bl ank)
X No i n-house exper t i se X Pr oj ect t i me const r ai nt s
X No i n-house equi pment Ot her
In-House vs. Out si de Vendor Cost / Benef i t Anal ysi s Wor ksheet Compl et ed?
No
VENDOR PERFORM ANCE CRITERIA
Yes
Comment s
No
Yes/ No
Yes
Yes
Yes
Yes
Di f f er ence
(+/ - f r om pr evi ous
cont r act )
Per f or mance
Cr i t er i a
$0.00 SYB Const r uct i on
Company, Inc.
$1,746,000.00 $1,746,000.00 Yes
Cur r ent / Pr evi ous
Vendor
Cur r ent / Pr evi ous
Pr i ce Pr oposed Vendor Pr oposed Pr i ce
$0.00
$1,746,000.00
n/ a
VENDOR PERFORM ANCE WORKSHEET
August 4, 2011
Nur ser y-Rai l r oad Basi n Wast ew at er and Wat er M ai n Impr ovement s Pr oj ect , Cont r act " A"
$1,746,000.00
SYB Const r uct i on Company, Inc.
250 Cal endar Days
n/ a
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4042
Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Annulling a Contract with Ratliff Hardscape and Awarding a
Contract to Northstar Construction, Inc., for the MacArthur Corridor
Infrastructure Improvements - Screening Fence from Markwood Park to
Sixth Street
Administrative Comments
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: This project will improve security for properties that are adjacent to
MacArthur Boulevard through the project area while improving the infrastructure of
the MacArthur corridor.
3. Ratliff Hardscape was awarded this contract by City Council on June 23, 2011, in
the amount of $355,908.44, however, they can no longer honor their pricing.
4. The Capital Improvement Program team recommends annulling the award to Ratliff
Hardscape and awarding the contract to Northstar Construction, Inc., the second
best value for the services proposed in the amount of $379,892.00. An additional
$9,108.00 is required for testing, bringing the total cost of the project to
$389,000.00. This is $9,091.00 (3%) below the funding allocated for this
project.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
28%.
6. Funding in the amount of $114,000.00 is available in the Street Improvement Bond
Fund. Funding in the amount of $275,000.00 is available in the Community
Development Block Grant Fund; this includes $175,000.00 from Fiscal Year 2008-
09 and $100,000.00 from Fiscal Year 2009-10.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: N/A
Previous Action: RES-2011-155 Council Action: Award to Ratliff Hardscape
.
Bid notices were sent to 444 contractors, of those 330 were M/WBE.
On March 25, 2011, bids were received for the MacArthur Corridor Infrastructure
Improvements Screening Fence from Markwood Park to Sixth Street. The following is a
tabulation of the bids received:
Bidder Base Bid Calendar Days
Ratliff Hardscape $355,908.44 75
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Northstar Construction, Inc. $379,892.00 75
C. Greenscaping, LP $392,336.00 75
Mart, Inc. $464,692.05 75
ATTACHMENTS:
MacArthur Screening Fence (PDF)
Vendor Performance Worksheet - Northstar Const (XLSX)
CURRENT YEAR FINANCIAL IMPACT:
4005-1902-71801-909048 Budget: $114,000.00 Actual: $114,000.00
201009-4255-56401-910053 Budget: $175,000.00 Actual: $175,000.00
201010-4255-56401-910053 Budget: $100,000.00 Actual: $100,000.00
P0190500
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 7/18/2011 03:07 PM by Kay Corrales
Last Updated: 7/28/2011 05:37 PM by Belinda Rowlett
10
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4042)
WHEREAS, Ratliff Hardscape was awarded a contract by the City Council by the adoption of
Resolution No. RES-2011-155 for the MacArthur Corridor Infrastructure Improvements Screening
Fence from Markwood Park to Sixth Street; and
WHEREAS, Ratliff Hardscape advised that they can no longer honor their pricing due to
applicable payroll auditing requirements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION I. THAT the City Council hereby annuls the award to Ratliff Hardscape for the
MacArthur Corridor Infrastructure Improvements Screening Fence from Markwood
Park to Sixth Street.
SECTION II. THAT the City Council hereby approves and accepts the bid of Northstar
Construction, Inc., in the amount of $379,892.00 for the MacArthur Corridor
Infrastructure Improvements Screening Fence from Markwood Park to Sixth Street
and awards the contract to said company in said amount and authorizes the Mayor to
execute said contract.
SECTION III. THAT $9,108.00 is hereby approved and authorized for testing to be performed by the
City of Irving's contracted testing firm.
SECTION IV. THAT this expenditure shall be charged to Account No. 4005-1902-71801-909048 in
the amount of $114,000.00; Account No. 201009-4255-56401-910053 in the amount
of $175,000.00; and Account No. 201010-4255-56401-910053 in the amount of
$100,000.00.
SECTION V. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
10
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A t t a c h m e n t : M a c A r t h u r S c r e e n i n g F e n c e ( 4 0 4 2 : 1 9 A n n u l R a t l i f f & A w d t o N o r t h s t a r - S c r e e n F e n c e )
Agenda It em # 4042 Counci l M eet i ng Dat e
Bi d Name
In-House Ser vi ces
Tot al In-House Est i mat e
Pr oposed Vendor
Pr oposed Vendor Bi d Pr oposed Cont r act Ter m
Cur r ent Vendor
Cur r ent Vendor Bi d Cur r ent Cont r act Ter m
Di f f er ence Vendor vs. In-House
Wer e pr oduct s/ ser vi ces del i ver ed on t i me?
Di d ser vi ce/ pr oduct s meet speci f i cat i ons f or qual i t y?
Wer e pr oduct s/ ser vi ces del i ver ed at or bel ow cont r act ed bi d pr i ce?
Cust omer Ser vi ce
Bel ow Expect at i ons (No)
Responsi ve (Yes)
Above Expect at i ons (Yes)
Sol e/ Si ngl e Sour ce (Yes/ No)
Over al l Per f or mance Rat i ng
Can w or k be per f or med by ci t y st af f ?
If no, r eason f or not compl et i ng w or ksheet (pl ace check mar k i n appr opr i at e bl ank)
X No i n-house exper t i se X Pr oj ect t i me const r ai nt s
X No i n-house equi pment Ot her
In-House vs. Out si de Vendor Cost / Benef i t Anal ysi s Wor ksheet Compl et ed?
$389,000.00
Nor t hst ar Const r uct i on, Inc.
n/ a
$0.00
$389,000.00
n/ a
VENDOR PERFORM ANCE WORKSHEET
August 4, 2011
M acAr t hur Cor r i dor Inf r ast r uct ur e Impr ovement s - Scr eeni ng Fence f r om M ar kw ood Par k t o Si xt h St r eet
75 Cal endar Days
Di f f er ence
(+/ - f r om pr evi ous
cont r act )
Per f or mance
Cr i t er i a
$0.00 Nor t hst ar
Const r uct i on, Inc.
$389,000.00 $389,000.00 Yes
Cur r ent / Pr evi ous
Vendor
Cur r ent / Pr evi ous
Pr i ce Pr oposed Vendor Pr oposed Pr i ce
No
VENDOR PERFORM ANCE CRITERIA
Yes
Comment s
No
Yes/ No
Yes
Yes
Yes
Yes
10.b
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4040
Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Rejecting Bids for the Durango/Rochelle/McClendon and 808
E. Irving Boulevard Water and Wastewater Main Improvement Project
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This project provides for the continued maintenance and improvement of
the citys water distribution and wastewater collection systems. The work is part of
the priority replacements for the Water Utilities Department.
3. One response was received and was $720,753.00 over budget.
4. Staff recommends rejecting the bid. This project will be re-bid.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
Bid notices were sent to 433 contractors, of those 335 were M/WBE for Bid No. 145M-11F.
One response was received.
CURRENT YEAR FINANCIAL IMPACT:
None
REVISION INFORMATION:
Prepared: 7/18/2011 09:51 AM by Lana King
Last Updated: 7/20/2011 04:07 PM by Lana King
11
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4040)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby rejects any and all bids relative to
Durango/Rochelle/McClendon and 808 E. Irving Boulevard Water and Wastewater
Main Improvement Project, Bid No. 145M-11F.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4051
Recommending Department: Water Utilities LSR No: N/A
Resolution -- Approving and Accepting the Bid of M.K. Painting, Inc., for
the Rehabilitation of Tank No., 4 at the Hackberry Pump Station
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This project will extend the life of Tank No. 4 at the Hackberry Pump
Station.
3. Tank No. 4 at the Hackberry Pump Station is in need of rehabilitation. This project
includes the painting of the interior of Tank No. 4 and modifications to the fill pipe of
Tank No. 4.
4. M.K. Painting, Inc., is using certified Minority and/or Women-owned Business
Enterprise (M/WBE) as sub-contractors for 3.8% of the services.
5. Funding in the amount of $440,000.00 is available in the Water and Sewer System
Fund.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
Nine responsive bids were submitted and received on July 8, 2011 and the low bidder was
M.K. Painting, Inc., with a bid of $440,000.00.
Contractor Base Bid
M.K. Painting, Inc. $440,000.00
A&M Construction and Utilities, Inc. $465,500.00
Blastco, Inc. $469,000.00
N.G. Painting, Inc. $508,500.00
WP&S Company $517,032.00
Caldwell Tanks $596,700.00
Tank Pro, Inc. $627,850.00
Classic Protective Coatings, Inc. $666,075.00
Maguire Iron, Inc. $680,390.00
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The engineers estimate for this work was $636,000.00.
M.K. Painting, Inc., is a qualified contractor having successfully completed similar projects and
is recommended by the design engineer, Deltatek Engineering.
ATTACHMENTS:
Bid Recommendation (PDF)
References for Low Bidder (PDF)
CURRENT YEAR FINANCIAL IMPACT:
Budget: $440,000.00 Actual: $440,000.00
P0190572
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 7/20/2011 02:56 PM by Regina Dearing
Last Updated: 7/29/2011 10:19 AM by Belinda Rowlett
12
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4051)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves and accepts the bid of M.K. Painting, Inc.,
for Rehabilitation of Tank No. 4 at the Hackberry Pump Station in the amount of
$440,000.00, and the Mayor is authorized to execute any necessary contract.
SECTION II. THAT this expenditure shall be charged to Account No. 5402-3231-71701-9100.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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14114 Dallas Parkway, Suite 480 Dallas, Texas 75254
Firm Registration Number F-4419
469-374-9800 Fax 469-374-9801
Email: bn@deltatekeng.com



July 15, 2011

Mr. Steve Pettit, P.E.
Senior Civil Engineer
City of Irving
P.O. Box 152288
Irving, Texas 75015

Reference: Rehabilitation of Tank No. 4 at
The Hackberry Pump Station
ITB# 140M-11F
City of Irving, Texas

Dear Mr. Pettit:

On July 8, 2011, the City of Irving received thirteen (13) sealed bids for the renovation of the
referenced facility. These bids have been tabulated and attached to this correspondence for your
use. Deltatek Engineering has reviewed these bid documents and submits the following opinion
and recommendation.

Deltatek Engineering is concerned that the apparent low bidder while responsive, was
considerably lower than our Opinion of Probable Cost ($636,000.00), and also lower than the
average of bids submitted by other firms that we feel are capable of performing this work.
Deltatek Engineering has discussed the cost proposed by the apparent low bidder M. K. Painting,
Inc. Project Manager (John Bethel) and expressed our concern. Their response is on page 5 of 5
of the References for Low Bidder, attached to this document.

Based on review of the bid and references submitted by M. K. Painting, Inc., and conversations
with this firm, it is our opinion that the apparent low bidder is qualified to perform this task in
accordance with renovation documents. Therefore, Deltatek Engineering has no objection to
award this contract to M. K. Painting, Inc. for a lump sum of $440,000.00.

Should you have any questions, please email or call me at 469-374-9800.

Sincerely,
DELTATEK ENGINEERING





Bahram Niknam, P.E.

Attachments: Bid Tabulation
Reference Verification Forms
Original Bid Documents
12.a
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Page 1 of 5


Date: July 11, 2011
Time: 2:05 PM

Owner/Company: Dunham Engineering
Name: Jim Dunham
Address: College Station, Texas
Phone: 979-690-6555


1. Did M.K. Painting, Inc. perform work for the Owner?
Yes. Multiple Water Storage Facilities.

2. What size and type of project?
Multiple Ground & Elevated Storage Tanks from 0.5 MG to 5.0 MG.

3. Did M.K. Painting, Inc. comply with the Plans/Specs?
Yes.

4. Did M.K. Painting, Inc. complete the project on time?
Yes.

5. How was the office organization in handling the project?
Project Manager works well with Engineer and Owner. Company Owner can be
troublesome.

6. Did M.K. Painting, Inc. pay all subs and suppliers?
Yes.

7. Would you use M.K. Painting, Inc. in the future?
Yes.
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Date: July 12, 2011
Time: 9:00 AM

Owner/Company: Axis Construction
Name: Joe Swinnea
Address: Fort Worth, Texas
Phone: 817-439-0709

1. Did M.K. Painting, Inc. perform work for the Owner?
Yes. He has worked with MK on multiple projects.

2. What size and type of project?
Elevated & Ground Storage Tank rehabilitations.

3. Did M.K. Painting, Inc. comply with the Plans/Specs?
Yes.

4. Did M.K. Painting, Inc. complete the project on time?
To his knowledge.

5. How was the office organization in handling the project?
Field staff and PM satisfactory to work with.

6. Did M.K. Painting, Inc. pay all subs and suppliers?
As a sub he was always paid.

7. Would you work for M.K. Painting, Inc. in the future?
Absolutely would.


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Page 3 of 5


Date: 7-14-11
Time: 1:10 PM

Owner/Company: Daniel & Brown Engineering
Name: Eddie Daniel
Address: Farmersville, Texas.
Phone: 972-784-7777

1. Did M.K. Painting, Inc. perform work for the Owner?
Yes

2. What size and type of project?
Two (2) Elevated Storage Tanks for Wylie Special Utility District.

3. Did M.K. Painting, Inc. comply with the Plans/Specs?
Yes. Firm had full time inspection to enforce plans and specs.

4. Did M.K. Painting, Inc. complete the project on time?
Yes

5. How was the office organization in handling the project?
Fair to average.

6. Did M.K. Painting, Inc. pay all subs and suppliers?
Yes.

7. Would you use M.K. Painting, Inc. in the future?
Yes.


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Page 4 of 5


Date: 7-14-11
Time: 1:20 PM

Owner/Company: City of Clear Lake City, Texas
Name: Kurt Rogers
Address Clear Lake City Texas
Phone: 281-488-1164

1. Did M.K. Painting, Inc. perform work for the Owner?
Yes.

2. What size and type of project?
Two (2) GSTs and Two (2) ESTs.

3. Did M.K. Painting, Inc. comply with the Plans/Specs?
Yes.

4. Did M.K. Painting, Inc. complete the project on time?
Yes. Legitimate delays resulted in an extension of time on the last EST.

5. How was the office organization in handling the project?
Average.

6. Did M.K. Painting, Inc. pay all subs and suppliers?
Yes.

7. Would you use M.K. Painting, Inc. in the future?
Absolutely.
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Page 5 of 5

Date: July 11, 2011
Time: 9:30 AM

Owner/Company: M.K. Painting
Name: John Bethel Project Manager
Address Wyanotte, MI
Phone: 313-999-8367

1. How long has M.K. Painting, Inc. been in the tank painting business?
20 + Years

2. How many projects does MK Painting average yearly?
8 - 10

3. Does M.K. Painting, Inc. have the equipment and personnel to perform the project
in a timely manner?
Yes. A full crew and superintendent is stationed in Texas.

4. Does M.K. Painting, Inc. complete most of their projects on time?
Yes.

5. Who is the planned superintendent?
Joel Cullins

6. Does M.K. Painting, Inc. intend to use local subs and suppliers? Who?
Yes. TBD.

7. Are you pleased with the bid?
Yes.


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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4049
Recommending Department: Public Works - Purchasing LSR No: 12392
Resolution -- Approving a Mutual Cooperative Purchasing Agreement
Between the City of Irving and the City of San Marcos
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item has been recommended by Public Works Purchasing.
3. Impact: Entering into this mutual cooperative purchasing agreement allows both
governmental entities to utilize each others contracts for goods and services.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: Yes Review Completed By: Carrie Morris
Previous Action: N/A Council Action: N/A
.
This agreement will enable the City of San Marcos and the City of Irving to purchase services
and goods awarded through either entitys competitively solicited contracts. The City of Irving
encourages cooperative purchasing with other governmental entities as a valuable tool for
obtaining goods and services at a competitive cost and in a timely manner. Currently the City
of Irving has entered into mutual cooperative purchasing agreements with 13 municipalities
and five counties, and participates in nine cooperative purchasing programs.
CURRENT YEAR FINANCIAL IMPACT:
None
REVISION INFORMATION:
Prepared: 7/19/2011 05:02 PM by Jan Bentley
Last Updated: 7/29/2011 10:32 AM by Belinda Rowlett
13
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4049)
WHEREAS, this agreement is authorized by Chapter 791 of the Texas Government Code and
Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 791.011 of the Texas Government Code authorizes a local government to
contract or agree with another local government to perform governmental functions and services; and
WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local
government to participate in a cooperative purchasing program with another local government or a
local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a cooperative
purchasing program with another local government satisfies the requirement of the local government to
seek competitive bids for the purchase of the goods and services; and
WHEREAS, participation in a cooperative purchasing program will be highly beneficial to the
Cities of San Marcos and Irving through the anticipated savings to be realized and is of mutual concern
to the contracting parties;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
San Marcos and the City of Irving for participation in various contracts for the
purchase of goods and services, and the Mayor is authorized to execute said
agreement.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
13
Packet Pg. 139
AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4038
Recommending Department: Police LSR No:
Resolution -- Approving Purchase from Waukesha-Pearce Industries, Inc.,
for a Second Standby/Emergency Generator for the Criminal Justice
Center through the Houston-Galveston Area Council of Governments (H-
GAC) Interlocal Cooperative Purchasing Program
Administrative Comments
1. This item supports Strategic Goals No. 4: Safe and Secure City and 10:
Environmentally Sustainable Community.
2. This item has been recommended by Police Emergency Management.
3. Impact: The addition of this generator, when coupled with the previously purchased
generator, will provide the entire Criminal Justice Center facility with 100%
emergency/ standby power capability and will also result in an overall reduction in
operating costs, increased dependability, and cleaner air.
4. The Generac bi-fuel generator system is the same system that was installed at the
Criminal Justice Center last year and at the Civic Center; the Generac systems offer
a number of advantages over conventional systems by operating as a diesel engine
with natural gas augmentation, which will result in lower emissions, lower fuel
consumption.
5. Funding in the net amount of $159,964.00 is available in the 2009 Metropolitan
Medical Response System (MMRS) Grant Fund.
Vendor FY 2010-11Expenditure Total Expenditure
Waukesha-Pearce
Industries
$159,964.00 $159,964.00
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
Comments: The original Generac bi-fuel generator system for the Civic Center was selected
through the competitive bid process. The vendor provided the pricing summary with terms
and conditions that were reviewed and approved for acceptance by the Attorneys Office. This
same generator system was selected for the Criminal Justice Center based on compatibility
and functionality. The current Generac bi-fuel generator at the Criminal Justice Center was
purchased with grant funds utilizing the HGAC cooperative purchasing method which is also
14
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being used for the second generator. Purchasing assigned #164M-11F to this item for
tracking purposes.
Current/Previous
Vendor
Current/Previous
Price
Proposed
Vendor
Proposed
Price
Difference
(+/- from
previous
contract)
Performance
Criteria
N/A N/A Waukesha-
Pearce
Industries
$159,964.00 $159,964.00 Yes
CURRENT YEAR FINANCIAL IMPACT:
2076-0491-75501-9190 Budget: $159,964.00 Award: $159,964.00
P0190397
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 7/15/2011 03:35 PM by Jan Bentley
Last Updated: 7/28/2011 08:27 AM by Jennifer Phillips
14
Packet Pg. 141
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4038)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the purchase from Waukesha-Pearce
Industries, Inc., in the net amount of $159,964.00 for the purchase of a second
Standby/Emergency Generator for the Criminal Justice Center, through the Houston-
Galveston Area Council of Governments (H-GAC) Interlocal Cooperative Purchasing
Program, and awards the contract to said company in said amount, and authorizes the
Mayor to execute any necessary contract.
SECTION II. THAT this expenditure shall be charged to Account No. 2076-0491-75501-9190.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
14
Packet Pg. 142
AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4045
Recommending Department: Solid Waste Services LSR No: N/A
Resolution -- Approving and Accepting the Bid of Commercial Metals
Company for an Annual Contract for the Sale by the City of Scrap Metal
and White Goods for Recycling
Administrative Comments
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
2. This item has been recommended by Solid Waste Services.
3. Impact: Recycling white goods and scrap metal deposited at the Hunter Ferrell
Landfill helps to improve the environment while establishing revenue opportunities
for the City.
4. This award establishes an annual contract for the continuation of picking up white
goods/refrigerators and miscellaneous scrap metal from the Hunter Ferrell landfill
on an as called basis. Payment to the City is at a specified rate per ton.
5. Revenue in the net estimated $174,720.00 will be deposited in the Solid Waste
Enterprise Fund.
Vendor
FY2010-11 Est.
Revenue
FY2011-12 Est.
Revenue Total Est. Revenue
Commercial Metals
Company
$29,120.00 $145,600.00 $174,720.00
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
Comments: Purchasing sent solicitation notices to 20 vendors of which three (3) were
M/WBE. Three responses were received and none were M/WBE. The highest revenue bidder
meets specifications and is recommended for award. The award for #156M-11F is in the total
net estimated revenue amount of $174,720.00 for one year with two one-year renewal
options.
Current/Previous
Vendor
Current/Previous
Price
Proposed
Vendor
Proposed
Price
Difference
(+/- from
previous
contract)
Performance
Criteria
15
Packet Pg. 143
Jacobs Iron & Metal $84,256.00
Commercial
Metals
Company
$174,720.00 $90,464.00 Yes
ATTACHMENTS:
Response Summary (PDF)
CURRENT YEAR FINANCIAL IMPACT:
5060-0606-483024-4006 Revenue Budgeted: $29,120.00 Est. Revenue: $29,120.00
No purchase orders needed for revenue.
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 7/19/2011 02:47 PM by Jan Bentley
Last Updated: 7/29/2011 10:31 AM by Belinda Rowlett
15
Packet Pg. 144
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4045)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves and accepts the bid of Commercial Metals
Company in the net estimated revenue amount of $29,120.00 for the period of
August 4, 2011, through September 30, 2011, and in the net estimated amount of
$145,600.00 for the period of October 1, 2011, through July 31, 2012, for the Sale by
the City of Scrap Metal and White Goods for Recycling, and awards the contract to
said company in said amount, and authorizes the Mayor to execute any necessary
contract.
SECTION II. THAT this revenue shall be deposited in Account No. 5060-0606-483024-4006.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
15
Packet Pg. 145
City of Irving, Texas
Response Summary
ITB Name: Sale of Scrap Metal and White Goods for Recycling
ITB Number: 156M-11
ITB Closing Date: July 11, 2011
Purchasing Assistant: Will Velasco
Item Est. Ann. Qty. (tons) Description Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 800
Pick up White Goods/Refrigerators and
miscellaneous Scrap Metal on an as called
basis.
$218.40 GT $174,720.00 $117.00 GT $93,600.00 $131.25 $105,000.00

Recommened for Award
Jacobs Iron & Metal Co.
Price/Ton Paid to City of Irving
This response summary is a listing of those who responded and their pricing. However, the responses have not been evaluated and the bidders have not been determined to be responsive at this time. After a complete review of the bids, a
recommendation for award will be made and posted on-line. Unless stated otherwise in the solicitation documents, award will be made to the hghest, responsive bidder who is deemed able to meet the requirements and qualifications of the
specifications.
Price/Ton Paid to City of Irving Vendors Price/Ton Paid to City of Irving
Commercial Metals Company/Liberty
Division
Okon Metals, Inc.
15.a
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4033
Recommending Department: Water Utilities LSR No: N/A
Resolution -- Renewal of an Annual Contract with K & L Supply, Inc., to
Provide Sewer Chemicals
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. This item has been recommended by Water Utilities.
3. Impact: The use of degreasers and deodorants in the wastewater collection
system keeps it operating efficiently by preventing blockages and overflows.
4. This award establishes the continuation of an annual contract to provide sewer
chemicals.
5. Funding in the net estimated annual amount of $142,986.00 for this one-year
contract will be available in the Water and Sewer System Fund.
Vendor
FY2010-11
Est. Exp.
(Current FY)
FY 2011-12
Est. Exp.
(Future FY)
Total
Est. Exp.
K&L Supply, Inc. $23,831.00 $119,155.00 $142,986.00
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: RES 2010-192 Council Action: Approved Award
Comments: Service provided by the vendor meets specifications and performance criteria;
pricing remains the same. This is the first of two one-year renewal options in the total net
estimated amount of $142,986.00. Purchasing has assigned ITB #163M-11F for tracking
purposes.
Current/
Previous
Vendor
Current/
Previous
Price
Proposed
Vendor
Proposed
Price
Difference
(+/- from
previous
contract)
Performance
Criteria
K & L Supply, Inc. $142,986.00 K & L Supply, Inc. $142,986.00 $0.00 Yes
16
Packet Pg. 147
CURRENT YEAR FINANCIAL IMPACT:
5402-3271-52801-1040 Budget: $23,831.00 Actual: $23,831.00
P0190530
Budget Adjustment/Transfer Required: No
REVISION INFORMATION:
Prepared: 7/12/2011 05:14 PM by Jan Bentley
Last Updated: 7/29/2011 10:24 AM by Belinda Rowlett
16
Packet Pg. 148
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4033)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby renews the annual contract with K & L Supply, Inc.,
for Sewer Chemicals in the net estimated amount of $23,831.00 for the period of
August 1, 2011, through September 30, 2011, and in the net estimated amount of
$119,155.00 for the period of October 1, 2011, through July 31, 2012, subject to funds
being appropriated in Fiscal Year 2011-12, and authorizes the Mayor to execute any
necessary contract.
SECTION II. THAT this expenditure shall be charged to Account No. 5402-3271-52801-1040.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
16
Packet Pg. 149
AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4052
Recommending Department: Public Works/ IGS LSR No:
Ordinance -- Amending Section 21-87.1 of Chapter 21 of the Code of Civil
and Criminal Ordinances of the City of Irving, Texas, by Adding a School
Zone on the Westbound Frontage Road of SH114 at Cistercian Road in the
City of Irving
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network
2. Impact: This Ordinance will establish a School Zone along the SH114 Westbound
Frontage Road adjacent to Cistercian Preparatory School during normal School
hours.
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
Contract Required: NA Review Completed By: NA
Previous Action: NA Council Action: NA
CURRENT YEAR FINANCIAL IMPACT:
NONE
REVISION INFORMATION:
Prepared: 7/21/2011 09:56 AM by Priscilla Gonzalez
Last Updated: 7/29/2011 11:33 AM by Belinda Rowlett
17
Packet Pg. 150
-1-
ORDINANCE NO. (ID # 4052)
AN ORDINANCE AMENDING SECTION 21-87.1 OF CHAPTER 21 ENTITLED "MOTOR
VEHICLES AND TRAFFIC" OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE
CITY OF IRVING, TEXAS, BY ADDING A SCHOOL ZONE ON THE WESTBOUND FRONTAGE
ROAD OF STATE HIGHWAY 114 AT CISTERCIAN ROAD; PROVIDING A PENALTY; AND
PROVIDING A SEVERABILITY CLAUSE.
WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the
governing body of the City shall determine upon the basis of an engineering and traffic investigation
that any prima facie speed therein set forth is greater or less than is reasonable or safe under the
conditions found to exist at any intersection or other place or upon any part of a street or highway
within the City, taking into consideration the width and condition of the pavement and other
circumstances on such portion of said street or highway, as well as the usual traffic thereon, said
governing body may determine and declare a reasonable and safe prima facie speed limit at that
location by the passage of an ordinance, which shall be effective when appropriate signs giving notice
thereof are erected at such intersection or other place or part of the street or highway;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. Based upon an engineering and traffic investigation previously made as
authorized by the provisions of Texas Transportation Code, Section 545.356, the prima facie speed
limit of 30 miles per hour for vehicles is hereby determined and declared to be reasonable and safe, and
subsection (a) of Section 21-87.1 of Chapter 21 of The Code of Civil and Criminal Ordinances of the
City of Irving, Texas, is hereby amended by adding thereto the following location:
School Locations of Designated School Zones
Cistercian Preparatory School Westbound Frontage Road of State Highway 114
at Cistercian Road
SECTION 2. Any person violating or failing to comply with any provision of this ordinance
shall be fined upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars
($200.00).
SECTION 3. 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.
17
Packet Pg. 151
-2-
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_____________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_____________________________
Charles R. Anderson
City Attorney
17
Packet Pg. 152
AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4058
Recommending Department: City Managers Office LSR No: 12655
Ordinance -- First Reading -- Approving a Negotiated Settlement with
Atmos Energy
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: Approval of the ordinance will implement a negotiated settlement with
Atmos Energy Corp.
3. Atmos Cities Steering Committee (ACSC) and Atmos Mid-Tex reached a settlement
addressing the Company's fourth Rate Review Mechanism (RRM) filing.
4. After review of the ACSC settlement team, it was determined that the evidence
supported no increase over current rates, and not the $15.4 million proposed by the
Company.
5. Ordinance approval includes a supplemental authorization of $6.6 million for
continuation of the steel pipeline replacement program throughout the Atmos
service area.
6. 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 of
natural gas rates.
Recommendation
The ordinance be approved.
ADDITIONAL COMMENTS:

Contract Required: NA Review Completed By: Carrie Morris


Previous Action: NA Council Action: NA

ATTACHMENTS:
Atmos Mid-Tex RRM-4 Tariffs (PDF)
CURRENT YEAR FINANCIAL IMPACT:
NONE
18
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-2-
REVISION INFORMATION:
Prepared: 7/25/2011 11:03 AM by Jonathon Bazan
Last Updated: 7/27/2011 04:24 PM by Belinda Rowlett
18
Packet Pg. 154
-1-
ORDINANCE NO. (ID # 4058)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, APPROVING A
NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND
ATMOS ENERGY CORP., MID-TEX DIVISION, REGARDING THE COMPANYS FOURTH
ANNUAL RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL
JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING
TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED
SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE
JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES
REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR
ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE
WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS
CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS
ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEES LEGAL COUNSEL.
WHEREAS, the City of Irving, Texas (City), is a gas utility customer of Atmos Energy Corp.,
Mid-Tex Division (Atmos Mid-Tex or Company), and a regulatory authority with an interest in
the rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee (ACSC or
Steering Committee), a coalition of approximately 154 similarly situated cities served by Atmos
Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting
rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as
ACSC Cities); and
WHEREAS, pursuant to the terms of the agreement settling the Companys 2007 Statement of
Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate
Review Mechanism (RRM) tariff that allows for an expedited rate review process controlled in a
three-year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the
Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos
Mid-Tex resolving the Companys 2007 rate case and authorizing the RRM Tariff; and
WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities
reasonable expenses associated with RRM applications; and
WHEREAS, the Steering Committee and Atmos Mid-Tex agreed to extend the RRM process in
reaching a settlement in 2010 on the third RRM filing; and
WHEREAS, on or about April 1, 2011, the Company filed with the City its fourth annual RRM
filing, requesting to increase natural gas base rates by $15.7 million; and
WHEREAS, ACSC coordinated its review of Atmos Mid-Texs RRM filing by designating a
Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys and consultants,
to resolve issues identified by ACSC in the Companys RRM filing; and
18
Packet Pg. 155
-2-
WHEREAS, independent analysis by ACSCs rate expert concluded that Atmos Mid-Tex is
unable to justify an increase over current rates except for undisputed costs of $6.6 million to cover the
steel service line replacement program initiated in 2010; and
WHEREAS, the ACSC Settlement Committee, as well as ACSC lawyers and consultants,
recommend that ACSC Cities approve the attached rate tariffs (Attachment A to this ordinance),
which will increase the Companys revenue requirement by $6.6 million to extend current recovery of
incremental direct costs of the steel service line replacement program authorized by ACSC Cities in
ordinances passed in 2010; and
WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated
resolution reached by ACSC Cities and are just, reasonable, and in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. That the findings set forth in this ordinance are hereby in all things approved.
SECTION 2. That the City Council finds the existing rates for natural gas service provided by
Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as
Attachment A, are just and reasonable and are hereby adopted.
SECTION 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the
ACSC Cities in processing the Companys rate application.
SECTION 4. That to the extent any resolution or ordinance previously adopted by the Council
is inconsistent with this ordinance, it is hereby repealed.
SECTION 5. That the meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 6. That if any one or more sections or clauses of this ordinance is adjudged to be
unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining
provisions of this ordinance and the remaining provisions of the ordinance shall be interpreted as if the
offending section or clause never existed.
SECTION 7. That this ordinance shall become effective from and after its passage with rates
authorized by attached Tariffs to be effective for bills rendered on or after September 1, 2011.
SECTION 8. That a copy of this ordinance shall be sent to Atmos Mid-Tex, care of David
Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway,
Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink
Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
18
Packet Pg. 156
-3-
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on first
reading on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE IRVING, TEXAS,
on second and final reading on September 1, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
______________________________
Charles R. Anderson
City Attorney
18
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4061
Recommending Department: City Attorneys Office LSR No: 12673
Resolution -- Regarding Continued Litigation in Ex Parte City of Irving,
Texas
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: This resolution addresses the appeal in the Entertainment Venue lawsuit.
3. The Court of Appeals ruled May 20, 2011, validating all aspects of the project
except the availability of the state share of the alcoholic beverage tax. A petition
for review is due August 15, 2011.
3. No additional funding is required. Fees will be within the litigation budget the City
Council previously authorized.
Recommendation
Will be provided in Executive Session.
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: RES-2010-144/RES-2010-235 Council Action: Engagement of V&E/File Lawsuit
. RES
CURRENT YEAR FINANCIAL IMPACT:
None
REVISION INFORMATION:
Prepared: 7/28/2011 10:57 AM by Belinda Rowlett
Last Updated: 7/28/2011 05:04 PM by Belinda Rowlett
19
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4061)
WHEREAS, Resolution No. RES-2010-235 authorized filing an Expedited Declaratory
Judgment Petition regarding the issuance of public securities to finance the planning, design, and
construction of the Entertainment Center and Hotel Project (bond validation suit); and
WHEREAS, the Court of Appeals, Fifth District of Texas at Dallas, rendered its decision
May 20, 2011, in Cause No. 05-11-0036-CV; Ex Parte City of Irving, Texas;
WHEREAS, the Council considered the likelihood of further success and expense of continued
litigation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION I. THAT the City Council hereby authorizes its attorneys to file a petition for review in
the Texas Supreme Court of the decision rendered by the Court of Appeals, Fifth
District of Texas at Dallas, in Ex Parte City of Irving, Texas.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4062
Recommending Department: Public Works/ IGS LSR No: 12672
Resolution -- Authorizing the City Manager to Initiate a Request for
Qualifications to Procure Services of Qualified Professionals to Perform a
Review of the Predevelopment Reimbursements Under the Entertainment
Center Development Agreement
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: To ensure that funds were expended appropriately as per the Development
Agreement as well as identifying any possible overpayments within the amounts
paid to Las Colinas Group as requested by the Mayor.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: N/A
Previous Action: N/A Council Action: N/A
.
CURRENT YEAR FINANCIAL IMPACT:
None
REVISION INFORMATION:
Prepared: 7/28/2011 11:35 AM by Belinda Rowlett
Last Updated: 7/29/2011 12:41 PM by Belinda Rowlett
20
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4062)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby authorizes the City Manager to initiate a Request for
Qualifications to procure services of qualified professionals to perform a review of
the predevelopment reimbursements under the Entertainment Center Development
Agreement.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY

Meeting: 8/4/2011 DOC ID: 4021
Recommending Department: Planning & Inspections LSR No: N/A

Resolution -- Approving Special Sign Permit S1106-0072 to Allow Two (2)
Fifteen Ft. Tall Monument Signs with Digital Displays - Property Located at
500 Las Colinas Boulevard - Artografx, Incorporated, Applicant - City of
Irving Convention Center, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: If approved, the existing on-premise signs at the Convention Center will be
upgraded to have digital displays; one sign will be moved to the frontage of SH 114.
3. The applicant requests approval to add a digital marquee to an existing monument
sign on Las Colinas Blvd. The other existing monument sign will be moved closer to
the SH 114 entrance and have a digital marquee added. Both signs will be 15 feet
tall and 132 square feet in area including the digital displays.
4. Section 7-22 of the City of Irving Code of Civil and Criminal Ordinances authorizes
City Council to grant a special sign permit for a digital display, including variances to
the height or area of a sign.
5. The signs will comply with all requirements for operation of a digital sign related to
frequency of change of messages, automatic adjustment in the intensity of the light
based on ambient conditions, etc.
6. The setback of the signs complies with City ordinances.
7. The Las Colinas Association has approved the signs.
8. Because of the unique nature of this facility, staff can support this request.

Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
ATTACHMENTS:
A: RES "Exhibit A" Legal Description (PDF)
B: Site Plan (PDF)
C: Sign Elevation (PDF)
D: Special Sign Permit Application (PDF)

Prepared: 7/5/2011 04:44 PM by Sharon Brown
Last Updated: 7/28/2011 11:02 AM by Sharon Brown
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4021)
WHEREAS, the owner of the premises located at 500 Las Colinas Boulevard has applied for a
special sign permit for on-premises signs with digital images in accordance with Section 7-3.1 of
Chapter 7 of the Irving Land Development Code; and
WHEREAS, the applicant has submitted performance standards and information that would
ameliorate the effects of the digital image;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves a special sign permit as requested by
Artografx, Inc., Applicant for City of Irving Convention Center, Owner, for the sign
to be constructed as shown on Exhibit A, attached hereto.
SECTION II. THAT use of the sign shall comply with all provisions of Section 7-3.1 of Chapter 7
of the Irving Land Development Code.
SECTION III. THAT the City Manager is authorized to take those actions reasonable and necessary
to comply with the intent of this resolution.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it
is accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4057
Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- Approving Preliminary/Final Plat PL11-0023 - The Lakes of
Las Colinas, Phase 2A - Approximately 26 Acres Located on the West Side
of Riverside Drive, North of Northwest Highway - Jacobs, Surveyor - Hines
Las Colinas Land, LP, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Pending
3. The applicant is requesting to plat a 26 acre tract into 68 single family lots and 4
open space lots.
4. The following exception to the Subdivision Ordinance requires this case to be
forwarded to the City Council for action:
Section 35-25 of the Subdivision Ordinance requires all private streets to be
approved by the City Council. All the internal streets in this subdivision are
private.
5. The plat complies with all other requirements of the Subdivision Ordinance.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
B: Plat Map (PDF)
A: City Council Memo (PDF)
CURRENT YEAR FINANCIAL IMPACT:
NONE
REVISION INFORMATION:
Prepared: 7/22/2011 04:00 PM by Sharon Brown
Last Updated: 7/28/2011 03:57 PM by Sharon Brown
22
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CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 4057)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the Preliminary/Final Plat The Lakes of Las Colinas, Phase 2A is hereby
approved with the following stipulation:
(1) That said Preliminary/Final Plat shall be filed of record with the Dallas
County Clerk and Recorder and evidence of said recorded plat shall be
furnished to the Director of Planning and Inspections, City of Irving.
SECTION II. THAT this resolution shall serve as a certificate under Section 212.0115, Texas Local
Government Code, that this plat has been reviewed and approved by the City Council,
the authority for approving this plat.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
22
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4043
Recommending Department: Planning & Inspections LSR No: N/A
Ordinance -- Zoning Case #ZC11-0028 - Granting S-P-2 (Generalized Site
Plan) for R-6 (Single Family) Uses - Approximately 0.37 Acres Located at
917 Sunset Drive - A Plus Unlimited, Applicant - Michael G. Miller, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: July 18,
2011 Favorable 6-0 (Commissioners Allen and LaRose, absent).
3. The applicant is requesting to rezone the property to allow a carport to be visible
from the street.
4. The Comprehensive Plan recommends Single Family-Low Density Residential uses
for this property. This request is in conformance with the Comprehensive Plan.
5. The property is currently developed with a one-story single family home. The owner
is wishing to demolish the existing home and build a new one-story single family
home with a carport that is visible from Sunset Drive.
6. The proposed carport will be 24 2 X 18 (435 sq. ft.), located 74 feet from the front
property line and 5 feet off of the side property line. The carport will be constructed
with wood columns and a pitched roof to match the new home.
7. The homes design does not allow for a carport to be built behind the house due to
the presence of a large power line easement.
8. Since the proposed carport is not within the front building setback, is over 74 feet
from the actual street, is setback more than 25 feet behind the front faade, and is
being designed and built as a part of the new house in accordance with the
guidelines of the carport ordinance, staff can support this request.
9. Public notices were sent to twenty-seven (27) property owners, with four (4) letters
in support and none in opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: City Council Memo (PDF)
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B: July 18, 2011 Planning and Zoning Meeting Minutes (PDF)
C: Vicinity Map (PDF)
D: Surrounding Zoning Map (PDF)
E: Property Owner Notification Map and List(PDF)
F: Site Plan (PDF)
G: Elevation Drawing (PDF)
H: Public Comment Forms in Support (PDF)
CURRENT YEAR FINANCIAL IMPACT:
NONE
REVISION INFORMATION:
Prepared: 7/19/2011 01:07 PM by Sharon Brown
Last Updated: 7/28/2011 04:58 PM by Belinda Rowlett
23
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ORDINANCE NO. (ID # 4043)
ZONING CASE NO. ZC11-0028
ZONING CLASSIFICATION S-P-2
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE IRVING HOME
GARDENS ADDITION AND LOCATED AT 917 SUNSET DRIVE, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM R-6 SINGLE FAMILY DISTRICT USE UNDER
ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR R-6 USES
UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO
AND MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGU-
LATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP
ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE WITH A
COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE DOES NOT
REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES OF DIRECT
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
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WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as R-6 uses with a site plan attached will further lessen the congestion
in the streets; help secure safety from fire, panics, floods, and other dangers; promote health and
general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitate the adequate provisions of transportation, water, sewers, schools,
drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 3, Block B, Irving Home Gardens Addition
which is presently zoned R-6 Single Family District Use under Ordinance No. 1144, is changed to S-P-
2 Site Plan District Use for R-6 uses under Ordinance No. 1144, subject to all the requirements of
Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
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(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
23
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4044
Recommending Department: Planning & Inspections LSR No: N/A
Ordinance -- Zoning Case #ZC11-0030 - Granting S-P-2 (Generalized Site
Plan) for R-7.5 (Single Family) Uses - Approximately 0.2 Acres Located at
1208 Mayleaf Drive - Mr. Quality Remodeling, Applicant - Cynthia Longmuir,
Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: July 18,
2011 Favorable 5-1 (Commissioner Randall, nay; Commissioners Allen and
LaRose, absent) with the stipulation that the support columns be wrapped in vinyl
siding to match the house.
3. The applicant is requesting a zoning change to allow a carport that can be seen
from the street.
4. The Comprehensive Plan recommends Single Family-Low Density Residential uses
for this property. This request is in conformance with the Comprehensive Plan.
5. The property is developed with a single family dwelling. The applicant is proposing
a 20-foot by 24-foot carport in front of the garage and visible from Mayleaf. The
carport is proposed to be built of materials to match the house, with a gable
identical to the existing front gable, and framed and shingled to match the house.
The elevation shows wood posts which the applicant will wrap with vinyl siding to
match the gables.
6. The applicant requires a 20-foot by 24-foot carport for her large van. Since the
carport must be at least 3 feet from the side property line, the applicant proposes to
build the carport out at an angle but with the front portion of the carport in the same
plane as the front of the house. This will probably require additional concrete be
poured for the carport columns.
7. Since the proposed carport will be constructed to match the house, is at least 30
feet from the property line, will not encroach significantly beyond the front faade of
the rest of the house, and the design is consistent with the guidelines of the carport
ordinance, staff can support the request.
8. Public notices were mailed to forty-three (43) property owners, with two (2) letters in
support and none in opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
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ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: City Council Memo (PDF)
B: July 18, 2011 Planning and Zoning Meeting Minutes (PDF)
C: Vicinity Map (PDF)
D: Surrounding Zoning Map (PDF)
E: Property Owner Notification Map and List(PDF)
F: Site Plan (PDF)
G: Elevation Drawing (PDF)
H: Public Comment Forms in Support (PDF)
CURRENT YEAR FINANCIAL IMPACT:
NONE
REVISION INFORMATION:
Prepared: 7/19/2011 01:15 PM by Sharon Brown
Last Updated: 7/29/2011 10:55 AM by Belinda Rowlett
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ORDINANCE NO. (ID # 4044)
ZONING CASE NO. ZC11-0030
ZONING CLASSIFICATION S-P-2
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE TANGLEWOOD HILLS
ADDITION AND LOCATED AT 1208 MAYLEAF DRIVE, MORE FULLY AND COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF
SAID PROPERTY FROM R-7.5 SINGLE FAMILY DISTRICT USE UNDER ORDINANCE NO.
1144, AS AMENDED, TO S-P-2 SITE PLAN DISTRICT USE FOR R-7.5 USES UNDER
ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO AND
MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS
RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO
ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE WITH A
COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE DOES NOT
REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES OF DIRECT
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
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conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
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WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as R-7.5 uses with a site plan attached will further lessen the congestion
in the streets; help secure safety from fire, panics, floods, and other dangers; promote health and
general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitate the adequate provisions of transportation, water, sewers, schools,
drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 10, Block D, Tanglewood Hills Addition
which is presently zoned R-7.5 Single Family District Use under Ordinance No. 1144, is changed to S-
P-2 Site Plan District Use for R-7.5 uses under Ordinance No. 1144, subject to all the requirements of
Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
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(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving..
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4046
Recommending Department: Planning & Inspections LSR No: N/A
Ordinance -- Zoning Case #ZC11-0031 - Granting S-P-2 (Generalized Site
Plan) for R-7.5 (Single Family) Uses - Approximately 0.93 Acres Located at
1935 Williams Road - Celia Velazquez, Applicant - Maria Isidra Ramirez,
Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Pending
3. The applicant is requesting to rezone the property to obtain exceptions to the
Neighborhood Protection Ordinance to create lots that are smaller in width and lot
area than adjacent lots.
4. The Comprehensive Plan recommends Single Family Low Density Residential
uses for this property. This request is in conformance with the Comprehensive Plan.
5. The property is currently developed with a single family home. The applicant is
wishing to replat the property to construct a new home on the east portion of Lot 3
(lot 3B).
6. The property is currently zoned R-7.5. The proposed subdivision of this lot meets
or exceeds the R-7.5 minimum requirements, however the proposed width and lot
area do not comply with the requirements of the Neighborhood Protection
Ordinance, which requires rezoning whenever a residential plat or replat proposes
to create lots that are less than 80% of the average width or area of adjacent
developed lots. This provides an opportunity for neighborhood input and City
Council discretion when these infill development opportunities occur.
7. The two proposed lots are each 80 feet wide. One of the proposed lots is 19,767.6
sq. ft. and the other is 20,956.4 sq. ft. in area. The average width and area of the
two lots to the east and the three lots to the west (the lots that are to be considered
for purposes of the Neighborhood Protection Ordinance) is 108 ft. wide and 28,295
sq. ft. of lot area. Since the proposed lots are less than 80% of 108 ft. width (86 ft.)
and are less than 80% of 28,295 sq. ft. (22,636 sq. ft.) rezoning is required before a
replat can be approved.
8. The site plan addresses seven stipulations from the Planning and Zoning
Commissions infill policy as follows:
Minimum air conditioned living area shall be 2,000 square feet.
A minimum of two (2) car garage with a minimum of 400 square feet will be
required for each residence. A minimum of 2 additional off-street parking
spaces shall be provided behind the front property line;
A minimum of 50% of the required front and side yard areas adjacent to any
street shall be covered with grass, ground cover or other natural vegetation;
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Maximum lot coverage by buildings, driveways and parking shall be 60%;
Exterior wall surfaces, exclusive of doors and windows, shall be 80% masonry
(including brick, stone, stucco, and cementitious siding). The use of EIFS is
prohibited.
Minimum roof pitch shall be 5:12;
A minimum of one (1) four inch caliper tree shall be provided in the front yard of
each lot.
9. All other requirements of the R-7.5 district will be met. Platting is required prior to
development. A plat has been submitted and is awaiting action on this zoning case.
10. Public notices were mailed to eighteen (18) property owners with no letters in
support or opposition received.
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: City Council Memo (PDF)
B: Vicinity Map (PDF)
C: Surrounding Zoning Map (PDF)
D: Property Owner Notification Map and List (PDF)
E: Site Plan (PDF)
CURRENT YEAR FINANCIAL IMPACT:
NONE
REVISION INFORMATION:
Prepared: 7/19/2011 04:41 PM by Sharon Brown
Last Updated: 7/29/2011 09:50 AM by Steven Reed
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ORDINANCE NO. (ID # 4046)
ZONING CASE NO. ZC11-0031
ZONING CLASSIFICATION S-P-2
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE VELAZQUEZ
ADDITION, PHASE 1, AND LOCATED AT 1935 WILLIAMS ROAD, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE, ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM R-7.5 SINGLE FAMILY DISTRICT USE UNDER
ORDINANCE NO. 1144, AS AMENDED TO S-P-2 SITE PLAN DISTRICT USE FOR R-7.5 USES
UNDER ORDINANCE NO. 1144, AND ACCORDING TO THE SITE PLAN ATTACHED HERETO
AND MADE A PART HEREOF; PROVIDING FOR SPECIAL CONDITIONS AND REGU-
LATIONS RELATIVE TO LAND USE; CORRECTING THE OFFICIAL ZONING MAP
ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN ACCORDANCE WITH A
COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE; PROVIDING THAT THIS ORDINANCE DOES NOT
REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE EXCEPT IN CASES OF DIRECT
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
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conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as R-7.5 uses with a site plan attached will further lessen the congestion
in the streets; help secure safety from fire, panics, floods, and other dangers; promote health and
general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitate the adequate provisions of transportation, water, sewers, schools,
drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 3, Block 1, Velazquez Addition, Phase 1
which is presently zoned R-7.5 Single Family District Use under Ordinance No. 1144, is changed to S-
P-2 Site Plan District Use for R-7.5 uses under Ordinance No. 1144, subject to all the requirements of
Ordinance No. 1144 and subject to all the requirements and conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
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(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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City of Irving, Texas
City Council Agenda Item Summary
Zoning Case #ZC11-0031
1935 Williams Road
Agenda Date:
Case Manager:
Owner:
Applicant:
Location:
Size:
Existing Zoning:
August 4, 2011
Sheba Ward
Maria Isidra Ramirez
Celia Velazquez
1935 Williams Road
Approximately 0.93 acres
R-7.5 (Single Family) District
Requested Zoning: S-P-2 (Generalized Site Plan) for R-7.5 (Single Family) District
uses
Notices mailed: 18 Responses in favor: 0 Responses opposed: 0
% vote required? No
Case Summary
The applicant is requesting to rezone the property to obtain exceptions to the
Neighborhood Protection Ordinance to create lots that are smaller in width and lot area
than adjacent lots.
Staff Analysis
The Comprehensive Plan recommends Single Family- Low Density uses for this
property. This request is in conformance with the Comprehensive Plan.
The property is currently developed with a single family home. The applicant is
wishing to replat the property to construct a new home on the east portion of Lot 3
(lot 38).
The property is currently zoned R-7.5. The proposed subdivision of this lot meets or
exceeds the R-7.5 minimum requirements, however the proposed width and lot area
do not comply with the requirements of the Neighborhood Protection Ordinance,
which requires rezoning whenever a residential plat or replat proposes to create lots
that are less than 80% of the average width or area of adjacent developed lots. This
provides an opportunity for neighborhood input and City Council discretion when
these infill development opportunities occur.
Department of Planning and Inspections Page 10f2
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Zoning Case ZC11-0031, cont.
The two proposed lots are each 80 feet wide. One of the proposed lots is 19,767.6
sq. ft. and the other is 20,956.4 sq. ft. in area. The average width and area of the
two lots to the east and the three lots to the west (the lots that are to be considered
for purposes of the Nejghborhood Protection Ordinance) is 108 ft. wide and 28,295
sq. ft. of lot area. Since the proposed lots are less than 80% of 108 ft. width (86 ft.)
and are less than 80% of 28,295 sq. ft. (22,636 sq. ft.) rezoning is required before a
replat can be approved.
The site plan addresses seven stipulations from the Planning and Zoning
Commission's infill policy as follows:
Minimum air conditioned living area shall be 2,000 square feet.
A minimum of two (2) car garage with a minimum of 400 square feet will be
required for each residence. A minimum of 2 additional off-street parking spaces
shall be provided behind the front property line;
A minimum of 50% of the required front and side yard areas adjacent to any
street shall be covered with grass, ground cover or other natural vegetation;
Maximum lot coverage by buildings, driveways and parking shall be 60%;
Exterior wall surfaces, exclusive of doors and windows, shall be 80% masonry
(including brick, stone, stucco, and cementitious siding). The use of EIFS is
prohibited.
Minimum roof pitch shall be 5: 12;
A minimum of one (1) four inch caliper tree shall be provided in the front yard of
each lot.
All other requirements of the R-7.5 district will be met. Platting is required prior to
development. A plat has been submitted and is awaiting action on this zoning case.
Staff Recommendation
Approval.
Planning and Zoning Commission Recommendation
Pending.
Department of Planning and Inspections Page 20f2
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lIIILLIAMS ROAD ESTAlES Nl.-20
ZONING
LOT 0. &Loa< 1
J
6TH EAST
S-P-2 FDR R-8 USES
25' PRIVAmY MAINTAINED DRAINAGE EASDlEHT
CASE NO. ZCll-0031
1. All ... permitted by Sec110n 52-10 .. be allowed ....d all of
Section 52-11 R-8 SlntIe F......' Dlntct of 0rdIn_ 1144 ....y oth.
N88'50'41"[ UIO.08
- -160.-00' - -1-- - - - - - i -N-;';;"41- E __ !!!!"!!!l"!!!!....-R..- of No. 1144 .. be complied """ -.pt _
I N 89':10'41" AAlO' I. t

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LOT 1 LOT 2
I
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lIIWANS ROAD ESTAlES
&Loa< 1. LOT 5
I:
z


Ie:
IIJ
e:
R-7.5
i VELAZQUEZ AgOITION
ZONINC
PHASE 1
1
VllUJME 2OO4Z2lt. P/IDi! 82, MAP
RECOIlDS, DAlLAS COUN'ft'. 1EXAS.
I R-8.0
ZONING
I
I
R-8.0
ZONING
I
I
I
LOT 3A LOT 38
R-8
ZONING R-8
ZONING
.--_."
.---.."
25' B.L.
-l
+-
I I
10' SAN. SEW. ESIoIl.
+- +- J!U.AN...JD --
:,-::-w.:otorlall 111..1m..t the minimum l1anclardl and opecIftcotlonl of
;.. .J:':: =:..-:- -::: auditory opealcwo (If ....,)
4. ............ IhaII -..ply """ Section 52-350 of Z..."" a..n- No. 1144
5. WInmum air condItIolled IhlnO _ IIlaI be 2.000 lIqIlCft teet for Lot JB for
all lift conl1nlctecl ott yl. 2011.
",aNITY t.lAP N.T.S.
8. A minimum of two (2) __ """ 0 mlnmum of 400 ........ teet ... b.
required for n.. ,....,.. A mlnmum of 2 addition of-l1rnt parklnO ..-
lIIal1 be plWdICl bIhInd tile front preperty 11M.
7. A mlnllnurn of 5CllII of the requlred front .. )DI'd .... adjacent to ....y
_ IIlaI be -.cI """ .-.,..,nd _ ... oth. notural wgI1otlon.
1IIWANS ROAD ESTAlES a. Mollllnum lot -.by buldlnoo. drhno,. parklnO IIlaII be 80lL
&Loa< I, LOT 2
II. Extwlor waI' ..,,_ ............ of docn wIndo... IIlaII be IIOlIl m-.ry
brick, l1on.. atucco, cemllltltlwl 1Id1ng). The u. of EFS '
,0- UIln"""m roof pitch IhaII be !5c 12.
R-7.5 ZONING
11. Any n.. drhno,. to be CIppI'IMd by PublIc ..... and Tran8portotlon.
NotE All n.. utlltlll wli be lnI1a11ed 1lIldwllround.
12. A minimum of .... (1) f_ Inch callpw t,.. IhalI be prooAded In the front
)DI'd of lOch lot for all lift conl1Ncted ott.....'1. 2011.
13. YaHfcu m ztMIG tBWYCZ
(ZCD t='A CITY Of !MIQ I MIl Df)fJ lIHHT ceq pM! IV
csmWjQlSl "6M9WWH 'on)
IIEliILBIl
LOT 1IIOlH 88.5"
LOT AREA 22,83ll.8 so. " 10.787.8 SO. "
160.0 l..!. "_.!!'!.. __ __iIIIo;;r,...
28'
__________ .....-_+
CASE NO. ZC11-0031
S-P-2 FOR R-6
_____---1--1
...".
......
-
-
_
-,.. .....
MARANOT REAL ESTATE SERVICES, INC.
Xavier Chapa EnglneennglsurveYlng
.J A MARANOT SUBSIDIARY
P.O. BOK 153311
Irving, Texas 75015
Tel: 972-259-9640
lICAL '"0020' 01.11: I1F 1D/UlI/lOID ........ DOlIlll JUNE 2011
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4047
Recommending Department: Planning & Inspections LSR No: N/A
Ordinance -- Zoning Case #ZC11-0032 - Granting S-P-1 (Detailed Site Plan)
for C-N (Neighborhood Commercial) and Outside Dining Uses -
Approximately 1.0 Acre Located at 10025 North MacArthur Boulevard -
Pete Rahimi, Applicant - Ali Hemani Corporation, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Pending
3. The applicant is requesting a zoning change to allow outside dining with a
restaurant use.
4. The Comprehensive Plan recommends Retail uses for this property. This request is
in conformance with the Comprehensive Plan.
5. The property is developed with a gas station and retail store. The site is zoned S-P-
1 (Detailed Site Plan) for C-N (Neighborhood Commercial) uses to allow an
attached carwash use in the adjoining space. The applicant is currently remodeling
the carwash area into a restaurant as an allowed retail use. The applicant proposes
to provide outdoor seats for customers on a new paved area on the south side of
the restaurant, for a total of 14 seats. A storefront glass window and door will be
installed in the carwash front, and the rear exit will be walled in. There is sufficient
parking for the use, and the applicant is not proposing a walk-up window.
6. The Valley Ranch Association has approved the restaurant and outside dining uses.
7. Public notices were mailed to eight (8) adjacent property owners, with no letters in
support or opposition received.
Recommendation
The ordinance be adopted.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: City Council Memo (PDF)
B: Vicinity Map (PDF)
C: Surrounding Zoning Map (PDF)
D: Property Owner Notification Map and List (PDF)
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E: Site Plan (PDF)
CURRENT YEAR FINANCIAL IMPACT:
NONE
REVISION INFORMATION:
Prepared: 7/19/2011 04:47 PM by Sharon Brown
Last Updated: 7/29/2011 11:09 AM by Belinda Rowlett
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ORDINANCE NO. (ID # 4047)
ZONING CASE NO. ZC11-0032
ZONING CLASSIFICATION S-P-1
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF CROSSROADS CENTER
AND LOCATED AT 10025 NORTH MacARTHUR BOULEVARD, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM S-P-1 SITE PLAN DISTRICT USE FOR C-N AND
CARWASH USES UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN
DISTRICT FOR C-N AND OUTSIDE DINING USES UNDER ORDINANCE NO. 1144, AND
ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING FOR SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE;
CORRECTING THE OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE CHANGE IS IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE
OF PROMOTING THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING
THAT THIS ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING
ORDINANCE EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
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WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as C-N and outside dining uses with a site plan attached will further
lessen the congestion in the streets; help secure safety from fire, panics, floods, and other dangers;
promote health and general welfare; provide adequate light and air; prevent the overcrowding of land;
avoid undue concentration of population; facilitate the adequate provisions of transportation, water,
sewers, schools, drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 8, Block A, Crossroads Center
which is presently zoned S-P-1 Site Plan District Use for C-N and carwash uses under Ordinance No.
1144, is changed to S-P-1 Site Plan District Use for C-N and outside dining uses under Ordinance No.
1144, subject to all the requirements of Ordinance No. 1144 and subject to all the requirements and
conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
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(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
(5) That outside dining shall be an allowed use with C-N zoning.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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-4-
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
26
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Zoning Case N
No. lC11-0032
I Feet
Date: Jul, 11,2011 0 100 200
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4048
Recommending Department: Planning & Inspections LSR No: N/A
Ordinance -- Zoning Case #ZC11-0033 - Granting S-P-1 (Detailed Site Plan)
for Restaurant and Signs Uses - Approximately 0.8140 Acres Located at
200 West Irving Boulevard - Fire Brand Properties, Applicant/Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: August 1,
2011 - Pending
3. The applicant is requesting to rezone the property to add a sign to the landscape
wall at the intersection of W. Irving Blvd. and S. Hastings St.
4. The Comprehensive Plan recommends Irving Blvd. Redevelopment Corridor uses
for this property. This request is in conformance with the Comprehensive Plan.
5. On May 19, 2011, the City Council approved Case No. ZC11-0017 for a detailed
site plan for a restaurant and sign package which included a digital monument sign
use.
6. The property is currently being developed with a new Burger King restaurant and
the applicant is wishing to install an additional sign on the landscape wall at the
intersection of W. Irving Blvd. and S. Hastings St. With the mounting of the sign on
the landscaping wall it essentially becomes a monument sign and a fence with a
sign which is only allowed by site plan zoning approval.
7. The applicant is proposing the following modifications to the Heritage Crossing
Redevelopment District requirements:
Required Proposed
Monument sign allowed by site plan
zoning only
Landscape wall sign (monument sign) at
intersection of W. Irving Blvd. and S.
Hastings
8. Although the plan indicates that the sign will be internally illuminated, the applicant
has agreed to use external lighting instead per the Heritage Crossing Design
Standards.
9. All of the other notes, signs and building elevations are being carried over from the
previously approved site plan.
10. Public notices were sent to seventy-four (74) property owners, with one (1) letter in
support and none opposition received.
Recommendation
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-2-
The ordinance be adopted with the stipulation that the landscape wall sign not be
internally illuminated.
ADDITIONAL COMMENTS:
Contract Required: N/A Review Completed By: N/A
Previous Action: N/A Council Action: N/A
ATTACHMENTS:
A: City Council Memo (PDF)
B: Vicinity Map (PDF)
C: Surrounding Zoning Map (PDF)
D: Property Owner Notification Map and List (PDF)
E: Site Plan (PDF)
F: Wall Elevation (PDF)
G: Wall Sign Detail (PDF)
H: Previous Sign Elevation Drawings (PDF)
I: Landscape Plan (PDF)
J: Current Sign Detail Drawings (PDF)
K: Monument Sign Drawing (PDF)
L: Public Comment Form in Support (PDF)
CURRENT YEAR FINANCIAL IMPACT:
NONE
REVISION INFORMATION:
Prepared: 7/19/2011 04:52 PM by Sharon Brown
Last Updated: 7/29/2011 09:27 AM by Steven Reed
27
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-1-
ORDINANCE NO. (ID # 4048)
ZONING CASE NO. ZC11-0033
ZONING CLASSIFICATION S-P-1
AN ORDINANCE AMENDING ORDINANCE NO. 1144, THE 1964 COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF IRVING, TEXAS, GRANTING A ZONING CHANGE ON A
TRACT OF LAND DESCRIBED AS: A TRACT OF LAND OUT OF THE ARBYS SUBDIVISION
AND LOCATED AT 200 WEST IRVING BOULEVARD, MORE FULLY AND COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF
SAID PROPERTY FROM S-P-1 SITE PLAN DISTRICT USE FOR RESTAURANT AND SIGNS
USES UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN DISTRICT USE
FOR RESTAURANT AND SIGNS USES UNDER ORDINANCE NO. 1144, AND ACCORDING TO
THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR
SPECIAL CONDITIONS AND REGULATIONS RELATIVE TO LAND USE; CORRECTING THE
OFFICIAL ZONING MAP ATTACHED TO ORDINANCE NO. 1144; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE CHANGE IS IN
ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE OF PROMOTING THE
PUBLIC INTEREST, MORALS AND GENERAL WELFARE; PROVIDING THAT THIS
ORDINANCE DOES NOT REPEAL OTHER PROVISIONS OF THE ZONING ORDINANCE
EXCEPT IN CASES OF DIRECT CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING A PENALTY.
WHEREAS, applications were made to amend the 1964 Official Zoning Map, City of Irving,
Texas, attached to the 1964 Comprehensive Zoning Ordinance of the City of Irving, Texas, passed on
November 5, 1964, by making applications for same with the Planning and Zoning Commission of the
City of Irving, Texas, as required by State Statutes and the Zoning Ordinance of the City of Irving,
Texas, and all the legal requirements, conditions and prerequisites having been complied with, the cases
having come before the City Council of the City of Irving, Texas, after all legal notices, requirements,
conditions and prerequisites having been complied with; and
WHEREAS, the City Council of the City of Irving, Texas, at a public hearing called at a regular
session of the City Council did consider the following factors in making a determination as to whether
these requested changes should be granted or denied; safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and measures
for fire control; protection of adjacent property from flood or water damages; noise producing elements
and glare of the vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities; location of ingress and egress points for
parking and off-street loading spaces; protection of public health by surfacing on all parking areas to
control dust; the effect on the promotion of health and the general welfare; effect on light and air; the
effect on the overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewers, schools, drainage and surface water, parks and other public facilities; and
WHEREAS, the City Council of the City of Irving, Texas, further considered among other
things the character of the district and its peculiar suitability for particular uses and with a view to
27
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-2-
conserve the value of buildings and encourage the most appropriate use of land throughout the City;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a public
necessity for the zoning change, that the public demands it, that the public interest clearly requires the
amendment, that the zoning change does not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original
investment was made; and
WHEREAS, the City Council of the City of Irving, Texas, does find that the change in zoning
helps lessen the congestion in the streets; helps secure safety from fire, panics, floods, and other
dangers; promotes health and the general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of
transportation, water, sewers, schools, drainage and surface water, parks and other public requirements;
and
WHEREAS, the City Council of the City of Irving, Texas, does find that there is a need for this
change in zoning and that there has been a change in conditions in the property adjacent to and in the
surrounding area of the subject tract, therefore allowing and requiring this zoning change; and
WHEREAS, the City Council of the City of Irving, Texas, does find that this change in zoning
under a site plan district for use as restaurant and signs with a site plan attached will further lessen the
congestion in the streets; help secure safety from fire, panics, floods, and other dangers; promote health
and general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitate the adequate provisions of transportation, water, sewers, schools,
drainage and surface water, parks and other public requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IRVING, TEXAS:
SECTION 1. That City of Irving Ordinance No. 1144 being the 1964 Comprehensive Zoning
Ordinance of the City of Irving, Texas, passed on November 5, 1964, be, and the same is amended and
changed in that the use of the following described property, to-wit:
Lot 13, Block 11, Arbys Subdivision
which is presently zoned S-P-1 Site Plan District Use for restaurant and signs uses under Ordinance
No. 1144, is changed to S-P-1 Site Plan District Use for restaurant and signs uses under Ordinance
No. 1144, subject to all the requirements of Ordinance No. 1144 and subject to all the requirements and
conditions of Section 1-A of this ordinance.
SECTION 1-A. That the district use on the property described in Section 1 is hereby approved
and granted upon the following express conditions:
(1) That development and use shall be in conformance with the site plan attached hereto and
made a part hereof for all purposes.
(2) A true copy of the site plan attached hereto shall be retained by the Department of
Planning and Inspections of the City of Irving.
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(3) That all means of ingress and egress shall be approved by the Department of Public Works
of the City of Irving.
(4) That all paved areas, permanent drives, streets, and drainage structures, if any, shall be
constructed in accordance with the standard City of Irving specifications adopted for such purpose, and
the same shall be done to the satisfaction of the Department of Public Works of the City of Irving.
(5) That the Burger King logo sign mounted on the landscape wall shall not be internally
illuminated.
The above requirements shall not be construed as conditions precedent to the granting of a
zoning change, but shall be construed as conditions precedent to the granting of a building permit
and/or certificate of occupancy.
SECTION 2. The City Planner is hereby directed to correct the Official Zoning Maps of the
City of Irving, Texas, attached to Ordinance No. 1144.
SECTION 3. That in all other respects the use of the tract or tracts of land hereinabove
described shall be subject to all the applicable regulations contained in said City of Irving Zoning
Ordinance and all other applicable and pertinent ordinances of the City of Irving.
SECTION 4. That the zoning regulations and districts as herein established have been made
in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the
general welfare of the community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the
streets; to secure safety from fire, panic, flood, and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate the adequate provision of transportation, water, sewers,
schools, drainage and surface water, parks and other public requirements, and to make adequate
provisions for the normal business, commercial needs and development of the community. They have
been made with reasonable consideration, among other things, for the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5. This ordinance shall be cumulative of all other ordinances of the City of Irving
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances which are in direct conflict with the provisions of this ordinance.
SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable
and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of land described herein.
SECTION 7. That any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be subject to the same penalties provided for in Ordinance No. 1144, Zoning
Ordinance of the City of Irving, Texas.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
27
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City of Irving, Texas
City Council Agenda Item Summary
Zoning Case #ZC11-0033
200 W. Irving Blvd.
Agenda Date:
Case Manager:
Owner/Applicant:
Location:
Size:
Existing Zoning:
August 4, 2011
Sheba Ward
Firebrand Properties, LLP
200 W. Irving Blvd.
Approximately 0.8140 acres
S-P-1 (Detailed Site Plan) for Restaurant and Signs uses
Requested Zoning: S -P-1 (Detailed Site Plan) for Restaurant and Signs
Notices mailed: 74 Responses in favor: 1 Responses opposed 0
% yote required? No
Case Summary
The applicant is requesting to rezone the property to add a sign to the landscape wall at
the intersection of W. Irving Blvd. and S. Hastings St.
Staff Analysis
On May 19, 2011, the City Council approved Case No. ZC11-0017 for a detailed site
plan for a restaurant and sign package which included a digital monument sign use.
The property is currently being developed with a new Burger King restaurant and the
applicant is wishing to install a sign on the landscape wall at the intersection of W.
Irving Blvd. and S. Hastings St. With the mounting of the sign on the landscaping
wall it essentially becomes a monument sign and a fence with a sign which is only
allowed by site plan zoning approval.
The applicant is proposing the following modifications to the Heritage Crossing
Redevelopment District reqUirements:
Required Proposed
Monument sign allowed by site plan Landscape wall sign (monument s i ~ n ) at
zoning only intersection of W. Irving Blvd. and S.
Hastings
Department of Planning and Inspections Page 1 of2
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Zoning Case ZC11-0033, cant.
The applicant has added one additional note: "Note 15. Burger King logo mounted
on landscape wall".
Staff cannot support the new wall sign being internally illuminated as indicated in the
sign details plan. The applicant has provided an email agreeing to not have the sign
internally illuminated.
All of the other notes are being carried over from the previously approved site plan.
Staff Recommendalion
Approval.
Planning and Zoning Commission Recommendation
Pending.
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AGENDA ITEM SUMMARY
Meeting: 8/4/2011 DOC ID: 4027
Recommending Department: City Secretarys Office LSR No: Na
Resolution -- Selection of Mayor Pro Tem and Deputy Mayor Pro Tem by
the City Council
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: The election of a Mayor Pro Tem and a Deputy Mayor Pro Tem assure
continuity of municipal government in the absence of the Mayor.
3. In accordance with the City of Irving Charter, Article IV, Section 10, stipulates that
the City Council shall select among the eight (8) Councilmembers a Mayor Pro Tem
who shall perform the duties of the Mayor in the Mayors absence or disability.
4. The Deputy Mayor Pro Tem position is one of tradition and not required by the City
Charter.
Recommendation
The resolution be approved.
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: NA
Previous Action: NA Council Action: NA
.
The completed resolution will be submitted after the selections have been confirmed by the
City Council.
CURRENT YEAR FINANCIAL IMPACT:
None
REVISION INFORMATION:
Prepared: 7/8/2011 04:57 PM by Jennifer Phillips
Last Updated: 7/8/2011 04:57 PM by Jennifer Phillips
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CITY OF IRVING
COUNCIL RESOLUTION NO. RES-2011-179
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION I. THAT the City Council hereby appoints __________ to serve as Mayor Pro Tem and
__________ to serve as Deputy Mayor Pro Tem.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on August 4, 2011.
________________________________
BETH VAN DUYNE
MAYOR
ATTEST:
_______________________________
Shanae Jennings
Acting City Secretary
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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