IrvingCC Agenda 2010-03-04

FINAL AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, MARCH 4, 2010
COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
11:30 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, MARCH 3, 2010 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS
6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor

City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. ------------------------------------------------------------Organizational Service Announcements
Invocation
Pastor Ken Branam, Plymouth Park Baptist
Pledge Of Allegiance
Proclamations And Announcements
Announcements And Recognitions
Public Hearing: Items 1 through 27
THIS MEETING CAN BE ADJOURNED AND RECONVENED, IF NECESSARY, WITHIN 24 HOURS ON

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.
ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG
AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH
551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE.
This facility is wheelchair accessible and handicap-parking spaces are available. Requests for interpretation services or
assistive hearing devices must be made 48 hours prior to the meeting. Contact the City Secretary’s Office at (972) 721-2493
or (TDD) 1-800-RELAY TX (1-800-735-2989) for assistance.
City Council Agenda 03/4/2010 1

CITY COUNCIL AGENDA
1 City Manager’s Strategic Plan Update
CONSENT AGENDA
Items 2 - 21
2 Approving Minutes for Wednesday, February 17, 2010
3 Approving Minutes for Thursday, February 18, 2010
4 Resolution -- Authorizing the Mayor to Execute an Agreement Granting a

Communications Facilities License to Verizon Wireless to Use the City’s
Property Located at Texas Stadium for the Term of Five Years and
Providing an Effective Date
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. Impact: This agreement will generate $20,000.00 in new revenue for the city
annually.
3. Verizon Wireless is requesting that the City grant a license to place a cell tower
within ONCOR’s existing overhead electrical transmission tower located at the
Texas Stadium site.
4. The license agreement will be for an initial term of ten years with provisions that it
may be extended an additional 15 years in five year increments, for a total of 25
years. The renewals are at both the city’s and Verizon’s option.
5. The initial rate is $20,000.00 per year with an automatic 3% annual increase in the
rate. Over the life of the 25-year agreement, this lease could generate over
$500,000.00.
Recommendation
The resolution be approved.

5 Resolution -- Approving a Chapter 380 Economic Development Program
Agreement with Heritage District, LLC, to Provide Funding for Quarterly
Interest Payments to Comerica Bank
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: This agreement will maintain the Comerica Bank credit facility that has
provided funding for the Heritage Crossing Project.
3. This incentive agreement will provide the funds to Heritage District, LLC to make
quarterly interest payments to service the Comerica Bank credit facility. Funds
advanced by the City will be repaid at the time the Delaware Townhome Project
land is taken out of the credit facility.
3. Funding in an amount not to exceed $500,000.00 is available in the Economic
Development Fund.
Recommendation
6 Resolution -- Approving a Sales Contract for the Acquisition of a Single-

Family Residence Located at 1920 West Shady Grove Road - Rockland
Burnett and Guadalupe Burnett, Property Owners
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: Acquisition of this property will allow flexibility in the future widening and
streetscape opportunities along Shady Grove Road.
3. The owner is willing to sell the property at the value of approximately $3.00 per
square foot land value, for a total of $35,000.00. In addition to the purchase price,
the City is expected to incur no more than $3,000.00 in closing costs.
4. Funding in the amount of $38,000.00 is available in the Street Improvement Bond
Fund.
Recommendation

7 Resolution -- Authorizing the Mayor to Sign a Sponsorship Agreement
Between the City of Irving on Behalf of the Irving Convention and Visitors
Bureau (ICVB) and the Salesmanship Club Charitable Golf of Dallas for the
2010 HP Byron Nelson Championship
2. Impact: The sponsorship agreement will provide the ICVB specific opportunities to
interact with clients/customers to promote tourism and the convention and hotel
industry.
3. The agreement includes the Host City Sponsorship, Media Center Co-Sponsorship,
and amenities as outlined in the sponsorship agreement. Through its sponsorship,
the City has a very visible part in the tournament including having ICVB staff on-site
in the media room throughout the tournament plus the continued participation by
City dignitaries at the opening and closing ceremonies.
4. Funding in the amount of $179,000.00 is available in the ICVB General Fund.
Recommendation
8 Resolution -- Approving Oncor Electric Delivery Company LLC Facilities

Extension Agreement for the Extension of Company Delivery System
Facilities to the Irving Convention Center
2. Impact: This agreement relative to the construction of the Irving Convention Center
will impact the City of Irving residents when the convention center generates
additional visitor spending in Irving.
3. This Facilities Extension Agreement (FEA) is for Oncor Electric Delivery Company
LLC to bring power (electric service) to the Irving Convention Center utilizing the
new duct bank from Fuller Drive along Las Colinas Blvd. This will serve as the
primary source of power for the facility.
4. There will be an additional FEA with Oncor to bring secondary power to the
Convention Center from the north across Spur 348 after TxDOT completes their
work in the area; this is anticipated to come forward in June or July.
5. Cost for both FEAs is estimated to be $315,000.00 and is included in the overall
project budget as part of the “soft costs.” The cost for this initial FEA is $62,485.00.
6. Funding in the amount of $62,485.00 is available in the Convention Center
Construction Bond Fund.
Recommendation

9 Resolution -- Approving Change Order No. 3 to the Construction
Management at Risk (CMAR) Contract Between Austin Commercial, L.P.,
and the City of Irving, Texas, for the Irving Convention Center
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: The scope of work changes will enhance the overall convention center
project which will generate additional visitor spending in Irving. The change order
involves deduct credits from contract savings, as well as additional work authorized.
3. The Beck Group, the City’s Owner’s Representative for the project, has reviewed
this proposed change order and is recommending approval by the City.
4. These revisions will add $28,833.00 to the Contract GMP (guaranteed maximum
price). This is within the budget project owner’s contingency and the overall project
budget will not be exceeded. The owner’s contingency balance will be
$1,169,414.00 as a result of this change order and the companion change order to
the RMJM Hillier contract; the contractor’s contingency is at $2,246,587.00.
5. The scope of work of this change order includes the following: PC 14 – add lighting
to the flag poles in front of the building - $7,634.00; PC 31 – add spare conduits
between the exhibit hall floor boxes to provide more flexibility within the space -
$8,349.00; PC 35 – modify door types and functions in the back-of-house area of
level four to remedy egress concerns - $11,246.00; PC 37 – remove unnecessary
conduits from the exhibit hall floor boxes to simplify the electrical – ($39,695.00);
PC 47 – revise flagpole from external halyard to an internal halyard per LCA
request - $6,337.00; PC 48 – modify telecom conduits to allow for flexibility in future
service provider options - $6,337.00; PC 50 – modify the MEP scope to match the
food service design - $11,609.00; PC 54 – revise select equipment in the
concession areas per operator chef’s request ($24,978.00); PC 55 – increase the
size of the fire pump due to lower than expected water pressure in the area -
$10,833.00; PC 58 – revise select equipment in the production kitchen per operator
chef’s requirements – ($36,173.00). See Beck recommendation for complete
listing.
Recommendation
10 Resolution -- Change Order No. 4 to Agreement Between the City of

Irving/Irving Convention and Visitors Bureau and RMJM Hillier Group, Inc.
(Formerly the Hillier Group Architecture New Jersey, Inc.) to Serve as the
Architect for the Irving Convention Center
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate

development of the Regional Activity District and Entertainment Center.
2. Impact: The contract will impact the City of Irving residents by building a
convention center which will generate additional visitor spending in Irving.
3. The Beck Group, the City’s Owner’s Representative for the project, has reviewed
two proposals submitted by RMJM Hillier and is recommending them for approval
by the City.
4. The first proposal in the amount of $11,900.00 is for the revision to the architectural
and food service design and documentation services in coordination with SMG (the
facility operator), the City of Irving, and the head chef for the ICC.
5. The second proposal in the amount of $5,200.00 is for architectural services to alter
the driveway at Spur 348 based upon the coordination of the City of Irving with
TxDOT, DART, and DCURD.
6. Change Order No. 4 incorporates the two proposals and increases the amount of
the Architectural/Engineering Fee for the Master Agreement with RMJM Hillier
Group, Inc. by $17,100.00. This is within the Project Owner’s Contingency in the
budget and, therefore, does not impact the overall project budget. The owner’s
contingency balance will be $1,169,414.00 as a result of this change order and the
companion change order for Austin Commercial; the contractor’s contingency is at
$2,246,587.00.
Recommendation

11 Resolution -- Approving Change Order No. 2 to the Contract with Maloney
Strategic Communications (MSC) for Advertising Agency Representation
1. This item supports Strategic Goal No. 3: Economic Development; and Strategic
Goal No. 6: Effective Communications.
2. Impact: The City will benefit by strategically promoting the implosion of Texas
Stadium by bringing media attention and awareness to the City and the future
developmental opportunities for the site.
3. Change Order No. 2 is for additional work required for public relations efforts in
coordination with Kraft foods sponsorship, additional support and facilitation of
commercial film inquiries, and on-site media support across several media staging
areas, including media credentialing, briefings and check-in.
4. Funding in the amount of $45,000.00 is available in the Texas Stadium Rental #1
Fund.
Recommendation
Bids and Purchasing Items

Items 12 - 18
12 Resolution -- Awarding the Maintenance Agreement to DLT Solutions for

Oracle Software through the State of Texas Department of Information
Resources (DIR) Program
2. This item has been recommended by Information Technology and it is a
Maintenance/Support Task approved by the Technology Review Committee.
3. Impact: Crucial operating systems in the City, including financial, geographic
locating, and record storage will continue to operate efficiently.
4. The Oracle Standard Premier Maintenance includes software updates, support, and
licensing for eight CPU licenses for Oracle Enterprise Edition Database, and four
CPU licenses for Oracle forms. This software is utilized for several applications
including Banner, Brass, OnBase, and Geographic information Systems (GIS).
5. Funding in the net amount of $71,118.19 for the period of April 23, 2010, through
April 22, 2011, and in the net amount of $71,118.19 for the period of April 23, 2011,
through April 22, 2012, subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation

13 Resolution -- Rejecting the Proposals for Selection of Multifunction
Printers/Copiers
2. This rejection has been recommended by Information Technology.
3. Impact: The City’s printer/copier needs will continue to be met by leasing units
through a cooperative purchasing program as a cost avoidance measure to the
upfront purchase price and recurring maintenance costs.
4. Leasing units also provides the opportunity to upgrade to technically advanced
products as they become available. Upgrades provide the City with better units at
better pricing to meet individual department’s needs.
5. Ten proposals were received and it is recommended that we reject all proposals.
Recommendation
The resolution for rejection be approved.
14 Resolution -- Renewing the Annual Contract with Dallas Offset, Inc., for
Printing of Resident Newsletter
1. This item supports Strategic Goal No. 6: Effective Communication.
2. This item has been recommended by Corporate Communications.
3. Impact: Residents continue to be informed of important City information and
events in a timely manner.
4. This renewal establishes the continuation of an annual contract to provide the
publication and distribution of the monthly City Spectrum resident newsletter. The
original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $32,489.12 for the period of June 1, 2010,
through September 30, 2010, and in the net estimated amount of $71,897.77 for the
period of October 1, 2010, through May 31, 2011, is available in the General Fund,
subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation

15 Resolution -- Approving and Accepting the Bids of Burst Communications
and Audio Visual Services Group, Inc., dba PSAV (Presentation Services
for Audio Video Equipment) for Irving Community Television Network
(ICTN)
1. This item supports Strategic Goals No. 6: Effective Communication and No. 10:
Environmentally Sustainable Community.
2. This item has been recommended by Corporate Communications.
3. Impact: This equipment enables ICTN to be tapeless in acquisition and have the
ability to export media directly to the Internet while replacing ten and 13-year old
equipment with more energy-efficient equipment.
4. Equipment is being purchased with the 50¢ user fee collected by Time Warner
Cable and paid to the City. These funds must be used for capital purchases.
5. Funding in the net amount of $143,830.00 is available in the General Fund.
Vendor Item(s) Award
Burst Communications 1 and 2 $131,991.00
Audio Visual Services Group, Inc., dba PSAV Presentation Services 3 $ 11,836.00
Total Amount $143,830.00
Recommendation
16 Resolution -- Approving Change Order No. 1 with Martin Eagle Oil Co., Inc.,
to Extend the Contract Period for Diesel/Biodiesel Fuel
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
2. This item has been recommended by Intergovernmental Services – Inventory
Operations.
3. Impact: This change order will extend the annual contract to run through June 8,
2010, with the same favorable pricing providing an uninterrupted source of
diesel/biodiesel fuel for City vehicles, equipment, and emergency generators.
4. This fuel contract was awarded utilizing the City of Fort Worth annual contract. This
extension allows time for staff to determine the best option for the City in setting up
a new annual contract for diesel/biodiesel.
5. Funding in the net estimated amount of $184,300.00 for the period of March 9,
2010, through June 8, 2010, is available in the Garage Fund.
Recommendation

17 Resolution -- Renewing the Annual Contracts with Master Cleaning Supply,
Inc., and MedWaste Solutions, Inc., for Janitorial Supplies
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
2. This item has been recommended by Intergovernmental Services – Inventory
Operations.
3. Impact: City facilities are kept clean and sanitary for employees and visitors
through use of environmentally friendly products.
4. This renewal establishes the continuation of annual contracts to provide janitorial
supplies. The vendor for Group IIB is unable to renew their contract and we will
purchase these items as needed with the appropriate purchasing method. The
original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $57,551.29 for the period of April 1, 2010,
through September 30, 2010, and in the net estimated amount of $41,108.07 for the
period of October 1, 2010, through March 31, 2011, is available in the Inventory
Fund, subject to funds being appropriated in Fiscal Year 2010-11.
FY09-10 FY10-11 Total Annual
Vendor Item(s) Est. Exp. Est. Exp. Est. Exp.
Master Cleaning Supply, Inc. Group I $36,224.57 $25,874.70 $62,099.27
MedWaste Solutions, Inc. Group IIA $21,326.72 $15,233.37 $36,560.09
Total Est. Amount $57,551.29 $41,108.07 $98,659.36
Recommendation

18 Resolution -- Renewing Annual Contracts with Holt Texas, LTD., dba Holt
Cat; Landmark Equipment Co., Inc.; Conley Lott Nichols of Texas, Inc.; and
Stewart & Stevenson LLC, to provide Heavy Equipment Maintenance
2. This item has been recommended by Intergovernmental Services – Fleet Services.
3. Impact: These annual contracts will keep the City’s heavy equipment repaired and
maintained with minimum downtime, keeping service levels high.
4. This renewal establishes the continuation of annual contracts to provide parts,
maintenance, and repairs for each original equipment manufacturer engine type,
while routine preventive maintenance continues to be performed by City’s Fleet
staff.
5. Funding in the net estimated amount of $67,100.00 for the period of June 1, 2010,
through September 30, 2010, and in the net estimated amount of $133,900.00 for
the period of October 1, 2010, through May 31, 2011, is available in the Garage
Fund, subject to funds being appropriated in Fiscal Year 2010-11.
Total
FY09-10 FY10-11 Annual
Vendor Item(s) Est. Exp. Est. Exp. Est. Exp.
Holt Texas, LTD, dba Holt 1 & 5, Caterpillar In and Out of
$25,000.00 $ 50,000.00 $ 75,000.00
Cat Warranty
Landmark Equipment 2 & 6, Ford Tractors In and Out
$21,700.00 $ 43,300.00 $ 65,000.00
Co., Inc. of Warranty
Conley Lott Nichols of 11, Morbark In and Out of
Texas, Inc. Warranty; 14, Bobcat In and
$ 8,700.00 $ 17,300.00 $ 26,000.00
Out of Warranty; and 16,
Ingram In and Out of Warranty
Stewart & Stevenson LLC All of 17, Detroit $11,700.00 $ 23,300.00 $ 35,000.00
Total Est. Amount $67,100.00 $133,900.00 $201,000.00
Recommendation
End of Bids

19 Ordinance -- Calling the City of Irving, Texas, Special Election for the
Purpose of a Home Rule Charter Amendment to be Held on May 8, 2010,
Providing Propositions for Signing Contracts, Repealing the Position of
Treasurer, for the Issuance of Bonds and Warrants, and for a cap on
Retirement Contributions
2. Impact: There are four amendments proposed to be placed before the City of Irving
residents this May.
3. The topics to be considered include:
• Authorize the Chief Executive or Chief Executive’s Designee to Sign Contracts
• Repealing the Position of Treasurer
• Issuance of Bonds and Warrants
• Remove cap on Retirement Contributions
Recommendation
The ordinance be adopted.
20 Ordinance -- Authorizing the Partial Abandonment of a 15-Foot Drainage

Easement Located at 4760 Hanson Drive
2. Impact: The partial abandonment of the drainage easement will allow the property
owners to redevelop the site.
3. The property owners have removed the previously installed drainage improvements
and relocated them to the newly dedicated drainage easement along the perimeter.
4. The requirements of the City of Irving have been satisfied and there are no
objections to the request.
Recommendation

21 Ordinance -- Amending Ordinance No. 9003 by Approving a Schedule of
Classified Personnel for the Fire Department; Providing for a Severability
Clause; Effective March 5, 2010
2. A Council ordinance is required to establish the schedule of classified personnel for
the Police and Fire Departments.
3. This will reflect revisions to the Fire Department schedule to include 26 Fire
Lieutenants and 117 Firefighters.
Recommendation
ZONING CASES AND COMPANION ITEMS

22 Resolution -- Requesting Sign Variance Case No. S0912-0015 Located at
7403 North Macarthur Boulevard -Yogurt Zone, Applicant - Franco Chang,
Owner (Postponed from the February 4, 2010 City Council Meeting)
2. Impact: This sign variance will enhance the signage for a business on North
MacArthur Blvd. by improving the visibility within the shopping center without any
negative impacts on MacArthur Blvd.
3. The applicant requests approval to install a 61.25 square foot wall sign on the west
elevation, which is not the front façade.
4. Section 7-3 (14) of the City of Irving Land Development Code states that wall signs
shall be located only on the front façade. Section 7-1 defines “front façade” as a
face of the building which faces a public street; or where no building façade faces a
public street, the façade which contains the door open to the public during business
hours.
5. Section 7-22 of the Land Development Code authorizes the City Council to grant a
variance to the sign regulations.
6. Since the proposed signage is compatible with the existing signage in the shopping
center, and since the proposed signage does not directly face MacArthur Boulevard
or Kinwest Parkway, staff can support this request.
7. On February 4, 2010, the City Council postponed this case to allow the applicant
time to examine potential alternative sign locations, and to allow staff to review
those potential locations. The applicant has decided to keep the sign at the
originally requested location.
Recommendation

23 Ordinance -- Zoning Case #ZC09-0061 - Granting S-P-2 (Generalized Site
Plan) for P-O (Professional Office) District and Restaurant Uses -
Approximately 2.9 Acres Located at 204 East Airport Freeway -
Healthspace JVI, LLC, Applicant - Argonaut Holdings, Inc., Owner
(Postponed from the January 14, 2010 City Council Meeting)
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: December
21, 2009 - Postpone indefinitely, 8-0 (Commissioner LaRose, absent); February 1,
2010 – Favorable with the stipulation that the site plan be revised to add restaurants
as a permitted use and to correct the landscaping notes, 7-0 (Commissioners
Randall and Zapanta, absent).
3. The applicant is requesting to rezone the property for medical offices and service
uses, and restaurant uses.
4. The property is currently developed with a 15,659 square foot single story building
and was previously used for an automobile sales lot. The property has been vacant
for several years. The applicant is wishing to rezone the property to renovate the
existing building for medical offices and services, and a restaurant.
5. This property is within the proposed State Highway 183 Overlay District, and is
being impacted by right-of-way acquisition along the frontage. Staff discussed the
proposed Overlay District with the applicant, who agreed to provide new
landscaping and a revised parking layout in keeping with the proposed Overlay
standards. A 30 ft. deep landscaped buffer is being provided inside the new
property line, along with a landscaped buffer on both sides and landscaped strips
within the parking lot. New landscaping and trees are also proposed in the parking
areas behind the building.
6. The applicant proposes to do minor interior renovations to the building to create
additional medical office space and restaurant. Enhancements will also be made to
the exterior. Although these enhancements do not meet all of the commercial
design standards, staff believes they meet the intent.
7. Staff believes this proposed redevelopment is consistent with the vision for the
redevelopment of the State Highway 183 corridor, and can serve as an example of
how existing properties can be improved.
8. The stipulation of the Planning and Zoning Commission has been met.
9. Public notices were sent to thirteen (13) property owners, with no letters in support
or opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

24 Ordinance -- Zoning Case #ZC09-0066 - Granting S-P-1 (Detailed Site Plan)
for Grocery Store or S-P-2 (Generalized Site Plan) for C-N (Neighborhood
Commercial) uses - Approximately 1.7 Acres Located at 912 East Irving
Boulevard (Southwest Corner of Irving Boulevard and Third Street) - ALDI,
Inc., Applicant - SDNarod Enterprises, Owner (Postponed from the
February 4, 2010 City Council Meeting)
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: January 18,
2010 - Postpone to February 1, 2010, 8-0 (Commissioner LaRose, absent);
February 1, 2010 – Denial, 4-3 (Commissioners Spurlock, Gregory and Tannehill,
nay; Commissioners Randall and Zapanta, absent). March 1, 2010 - Pending.
3. The Comprehensive Plan’s Future Land Use Map recommends Irving Blvd.
Redevelopment Corridor uses for this property. This request is in conformance with
the Comprehensive Plan.
4. On February 4, 2010, the applicant presented to the City Council a site plan that
proposed a 16,657 sq. ft. grocery store placed along the western property line of the
subject property. The site plan included a 17% parking variance (70 spaces
provided versus 84 required). Staff recommended denial of the case for several
reasons. The Planning and Zoning Commission had voted 4-3 to recommend to the
City Council that the request be denied.
5. The City Council postponed final action and sent the case back to the Commission
for further consideration. The applicant was advised by the City Council to revise
the site plan so that adequate visibility could be maintained for the property to the
west and to address the loading dock orientation away from Irving Boulevard.
6. The applicant’s current site plan proposes a new 16,657 square feet grocery store,
located at the south end of the site. The building is to be constructed of stone and
brick veneer with building articulation on all sides and an entry feature with display
windows. This complies with the Commercial Design Standards ordinance.
7. The new site plan includes 75 parking spaces, and the applicant is requesting a
parking variance of 9 spaces (11%) from the 84 spaces required by ordinance for
this development.
8. The building has a setback that varies between 100 and 200 feet from Irving Blvd.,
15 feet from Third Street, and 6.5 feet from the west property line. Two driveway
entrances are proposed; one on Irving Blvd. and one on Third Street. A loading
dock is proposed on the west end of the property facing Irving Blvd.
9. The applicant is essentially proposing the same site plan as the previous version,
rotated 90 degrees (Site Plan Alternative A). The loading dock is facing Irving
Boulevard, something neither staff nor the adjacent property owner has indicated
they could support. Staff suggested the loading dock be reversed and face Third
Street (Site Plan Alternative B), to eliminate the concerns of the city about loading
docks facing a thoroughfare, but the applicant declined to do so.
10. Staff cannot support the request for three reasons: First, an objective for Irving Blvd.
is to make the corridor more pedestrian friendly, with buildings addressing the street
front more directly with reduced setbacks and less oriented toward parking lots. The

proposed site plan does not meet that objective. Second, loading docks and bay
doors should not face directly on a major arterial. Finally, the proposed parking
count does not adequately provide what is needed for a stand-alone grocery store
facility.
11. While changing the loading dock to face the rear of the property (Site Plan
Alternative B) would address some of staff’s concerns, staff cannot support this
case due to the reasons stated above. However, during the course of this zoning
case, staff realized the current C-C (Community Commercial) zoning on the
property is also inappropriate, as it could allow a new commercial building to be
constructed on the western property line 15 feet from Irving Boulevard, thereby
blocking all visibility of the adjacent property from the corridor.
Accordingly, should the applicant’s site plan (Site Plan Alternative A) and the site
plan with the rear loading dock (Site Plan Alternative B) be denied by the City
Council or rejected by the applicant, staff recommends approval of Site Plan
Alternative C, which is a S-P-2 (Generalized Site Plan) for C-N (Neighborhood
Commercial) uses that preserves a visual corridor and appropriate side yard
setbacks for the adjacent property.
12. Staff does not support leaving the property zoned C-C, due to the remaining
potential negative effects on the adjacent property, both by blocking the visibility of
the adjacent development from Irving Blvd. and not providing the flexibility of
sharing parking and access with that development. Staff recommends that Site Plan
Alternative C be approved to provide adequate setback from the adjacent
development. This site plan has a 170-ft. setback from Irving Blvd. on the west side
to allow visibility. The setback would then vary to 15 feet off Irving Blvd. on the
northeast side of the property and 10 feet off Third Street. This would still allow
adequate building area, landscaping and parking for development on the site. A
15,000 square foot building in full conformance with the City’s parking and
landscaping requirements could be developed under this proposal.
13. Public notices were sent to sixteen property owners. None was received in favor,
and three (3) were received in opposition. The opposition represents 29.81% of the
property within 200 feet. A ¾ vote of the City Council is required to approve this
request.
Recommendation
Denial of applicant’s proposed S-P-1 site plan (Site Plan Alternative A); approval of the S-P-2
for C-N site plan as prepared by staff (Site Plan Alternative C).

APPOINTMENTS AND REPORTS
25 Resolution -- Appointment to the Irving Arts Center Citizen In-Put Panel to
a Term Expiring January 2011
1. This item supports Strategic Goals No. 7 Cultural, Recreational, and Educational
Environment and No. 8: Sound Governance.
2. Impact: The citizens’ in-put committee will allow Irving residents greater input into
at the Irving Arts Center.
3. The members of this committee will be jointly appointed by the City Council and
Arts Board, with the purpose to examine the arts services being offered, determine
what needs are not being met, and more effectively serve the residents of Irving.
Recommendation
26 Resolution -- Confirming the Appointment by the City Manager of a

Commissioner to Serve on the Fire Fighters’ and Police Officers’ Civil
Service Commission to a Term Expiring November 2012
2. Impact: This Commission’s decisions are final, on cases dealing with Fire and
Police personnel and continuity of service on this board is an asset to the process.
3. City Manager Tommy Gonzalez appoints and recommends confirmation of the
members on the Civil Service Board. This is a three-member board.
Recommendation
27 Mayor’s Report
Adjournment
Citizens’ Forum
Citizens are invited to speak for three (3) minutes on matters relating to City
government and on items not listed on the regular agenda.

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IrvingCC Agenda 2010-03-04

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, MARCH 4, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

6:15 P.M. ------------------------------------------------------------------Pre-Council Briefing (If Necessary) 1st Floor

Pastor Ken Branam, Plymouth Park Baptist

Proclamations And Announcements

Announcements And Recognitions

Public Hearing: Items 1 through 27

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

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2 Approving Minutes for Wednesday, February 17, 2010

3 Approving Minutes for Thursday, February 18, 2010

4 Resolution -- Authorizing the Mayor to Execute an Agreement Granting a

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6 Resolution -- Approving a Sales Contract for the Acquisition of a Single-

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8 Resolution -- Approving Oncor Electric Delivery Company LLC Facilities

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10 Resolution -- Change Order No. 4 to Agreement Between the City of

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Bids and Purchasing Items

12 Resolution -- Awarding the Maintenance Agreement to DLT Solutions for

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20 Ordinance -- Authorizing the Partial Abandonment of a 15-Foot Drainage

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ZONING CASES AND COMPANION ITEMS

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26 Resolution -- Confirming the Appointment by the City Manager of a

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