IrvingCC Packet 2010-06-24

FINAL AGENDA
MEETING OF THE IRVING CITY COUNCIL
THURSDAY, JUNE 24, 2010

COUNCIL CHAMBER - CIVIC CENTER COMPLEX
825 WEST IRVING BOULEVARD
IRVING, TEXAS
~
11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, June 23, 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 Isnel Castro, House of God Ministries
Pledge Of Allegiance
Proclamations And Announcements
Swearing in Ceremony and Reception
Announcements And Recognitions
Public Hearing: Items 1 through 26
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 06/24/2010 1

CITY COUNCIL AGENDA
1 Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal Year
Budget
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. In accordance with the Fiscal Year 2010-2011 Budget Calendar, a public hearing
has been scheduled for the June 24, 2010 Regular Council meeting to receive
input. This is the third and final notice to be posted.
3. The notice of the hearing has been published in the legal section of the Irving
Rambler, and the Corporate Communications Department has released this notice
to the local media.
Recommendation
Input be taken under advisement.
2 City Manager’s Strategic Plan Update
CONSENT AGENDA
3. Approving Minutes for Wednesday, June 09, 2010
4. Approving Minutes for Thursday, June 10, 2010
5 Resolution -- Approving Approximately 1.43 Acre Tract Located in the 1700

Block of Sunnybrook Drive, to be Designated as Public Open Space for
Municipal Uses
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: A portion of the land located at the 1700 block of Sunnybrook Drive (1727
and 1731) was used for a drainage capital improvement project to improve the
storm water drainage system along Delaware Creek.
3. The project is now complete and the remainder of the real property, 1.43 acre tract
is no longer needed for drainage improvement purposes.
4. The public use designation on this property will enhance the walkability and
aesthetics of the neighborhood.
Recommendation
The resolution be approved.

6 Resolution -- Authorizing the Submission of an Application for a Permit
Amendment Relating to the Hunter Ferrell Landfill
1. This item supports Strategic Goal No. 9: Infrastructure.
2. Impact: This permit amendment will allow for expansion of the Hunter Ferrell
Landfill into the middle tract expanding the current life expectancy of the landfill to
75 remaining years.
3. The last permit amendment was in June of 1992 to incorporate new regulations.
4. No funding is required for filing this application (there is a filing fee of $150.00).
Recommendation
7 Resolution -- Authorizing the Submission of an Application to the Texas

Forest Service for a Grant of $10,000 from Urban Forestry Partnership
Grant Program Which Will Provide Funding for Tree Assessment on
Medians and Rights of Way, and If Awarded, Authorizing the Mayor to
Execute a Grant Agreement
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The approval and acceptance of the grant will provide funding for the
assessment of trees on COI Medians and Rights of Way which will contribute to the
enhancement of major corridors throughout Irving.
3. Through the funding the Texas Forest Service will provide a contractor containing
two certified arborists to inventory 4,000 trees and identify the location of hazardous
trees for removal, as well as the need to replace or install new trees.
4. Inventory results will assist in developing a maintenance and management plan for
the future as required by our Tree City USA commitment.
5. The focus of the inventory of trees on our Medians and Rights of Way will also
contribute to the City’s Vision and Mission of being a model city with safe and
beautiful neighborhoods, and the promotion of a higher quality of life for residents,
visitors and business.
6. Funding in the amount of $20,000.00 is available in the Miscellaneous – Special
Needs Account.
Recommendation

8 Resolution -- Approving a Professional Services Agreement with Gideon
Toal to Provide Consultant Services Within Tax Increment Reinvestment
Zone No. 1
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: Authorizing economic development incentives and amending the financing
plan to reflect actual costs are important improvements that add to the effectiveness
in TIF No. 1.
3. The study delivered by Gideon Toal in 2009 identified important opportunities for
TIF No. 1.
4. The technical scope of work in this specialized area includes: Preparation of
necessary documents to amend the project and financing plan in TIF No. 1 in
compliance with state statutory and intergovernmental contractual requirements.
5. The scope of work also includes presentations to the Irving ISD and Carrollton-
Farmers Branch ISD Boards; presentation to the City of Irving TIF Board and City
Council.
6. Funding for these services are available in the TIF Fund and will not exceed
$31,500.00.
Recommendation
9 Resolution -- Approving an Engagement Letter with Vinson & Elkins,

L.L.P., for Legal Services Related to the 2010 Entertainment Venue Project
Bonds
2. Impact: Revising the bond counsel engagement letter now will allow Vinson &
Elkins, L.L.P., to begin all the required state law procedures to facilitate the timely
issuance of bonds for the Irving Entertainment Center at Las Colinas.
3. The firm will prepare an expedited declaratory judgment action bond validation
litigation and necessary filings.
4. The firm will prepare the venue ordinances, bond ordinance, submissions for Texas
Attorney General review, and other legal services as required for the issuance of
the bonds.
5. Fees will be based on standard billing rates which range from $105.00 per hour for
non-lawyer personnel to $675.00 per hour for the most senior partner. These fees
will be billed on a monthly basis.
Recommendation

10 Resolution -- Approving an Addendum to the Employment Agreement
Between the City of Irving and Tomas Gonzalez
2. Impact: The proposed Addendum approves a one step (3.5%) increase to the base
salary of the City Manager.
3. Upon review, the City Council and the Manager are contractually obligated to
negotiate compensation on an annual basis.
4. The proposed step increase matches that received by non-civil service employees.
5. Funding is available in the General Fund.
Recommendation
11 Resolution -- Awarding a Contract to CHA, Inc., for Annual Structural

Engineering Services
2. Impact: The annual contract provides structural engineering services on an as-
needed basis for review, analysis, and/or design of existing or proposed City of
Irving infrastructure, i.e. retaining walls, screening walls, and pedestrian bridge
abutments. Structural engineering is a specialized professional skill set that is not
available within existing staff.
3. Staff has negotiated a fair and reasonable agreement with CHA, Inc., for these
services and recommends approval.
4. Funding for these services will be allocated from various project funds as needed.
Recommendation

12 Resolution -- Awarding a Contract to F&F Concrete, LLC, for the Grauwyler
Heights Alley Improvements, Section IV Project
2. Impact: This project will improve the drainage of 37 residential properties in the
Grauwyler Heights neighborhood.
3. This project includes the installation of approximately 1,400 square yards of
reinforced concrete pavement, 545 linear feet of 30” storm sewer pipe, 270 linear
feet of 24” storm sewer pipe, and 370 linear feet of 18” storm sewer pipe.
4. The lowest responsive and responsible bidder was F&F Concrete, LLC, in the
amount of $199,034.45. An additional $1,990.55 is needed for testing, bringing the
total cost of the project to $201,025.00.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
6. Funding in the amount of $201,025.00 is available in the Municipal Utility Drainage
Fund.
Recommendation
13 Resolution -- Approving a Letter Agreement for Acquisition of Easements

for the DART LRT Orange Line Project on Property Owned by BH
O’Connor Partners, LP
2. Impact: This acquisition will allow DART’s contractor to continue construction
activities related to the DART LRT Orange Line project.
3. The DART LRT Orange Line Project requires the acquisition of a Water Main
Easement, a Temporary Grading & Drainage Easement, and a Temporary DART
Convenience Station Easement on the BH O’Connor Partners, LP property adjacent
to the Convention Center Station. The property is DART Parcel No(s). I1-32E and
I1-32E-2.
4. Prior to the placement of the Convenience Station, DART will secure the approval
of The Las Colinas Association concerning plan approval, landscaping and other
issues.
5. The property owner has agreed to convey the required easements in exchange for
a $20,000.00 credit against future property owner obligations to the City related to
the ultimate development of the property. The credit is to be applied at the City’s
determination.
Recommendation

14 Resolution -- Approving an Agreement for Purchase and Sale of Real
Estate for the DART LRT Orange Line Project on Property Owned by Tract
10 Properties, L.P.
Easement, a Public Mass Transit Traction Power Sub-Station (TPSS) & Utility
Easement, a Temporary Grading & Drainage Easement, and a Public Mass Transit
Easement on the Tract 10 Properties, L.P. property adjacent to the Convention
Center Station. The property is DART Parcel No(s). I2-33E-1, I2-33E-2, I2-33E-3
and I2-33E-4.
4. The property owner has agreed to sell the parcels at the appraised value of
$148,009.00. Closing costs for the purchase are not expected to exceed
$5,000.00.
5. Funding in the amount of $153,009.00 is available in the Non-Bond CIP Fund.
Recommendation
15 Resolution -- Authorizing the Submission of an Application to the

Environmental Protection Agency for a Brownfields Community-Wide
Petroleum Assessment Grant, and If Awarded, Authorizing the Mayor to
1. This item supports Strategic Goals No. 3: Economic Development and No. 10:
Environmentally Sustainable Community.
2. Impact: The approval and acceptance of the grant will provide funding to allow the
City of Irving to sustain the redevelopment efforts that have been initiated in
Heritage Crossing, the Texas Stadium area, and the Irving Boulevard Corridor.
3. The City of Irving has been selected to apply for a Brownfields Community-Wide
Petroleum Assessment Grant from the Environmental Protection Agency. This
grant provides for the city to be reimbursed for approved services in the total
amount of $200,000.00.
4. The grant will be used to secure Phase I and Phase II environmental services to
assess environmental conditions associated with petroleum substances.
5. The grant is for the period of June 24, 2010 through September 30, 2012.
6. Funding in an amount not to exceed $200,000.00 is available in the Miscellaneous
Grants Fund.
Recommendation

16 Resolution -- Approving Dallas County Utility and Reclamation District
(DCURD) Raw Water Sale Contract for the Irving Convention Center
1. This item supports Strategic Goal No. 3 Economic Development.
2. Impact: This agreement relative to the construction and operations of the Irving
Convention Center will impact the ongoing overall operating efficiency of the
building and LEED certification level.
3. This agreement confirms the consumption of untreated water being furnished by the
Dallas County Utility and Reclamation District to the new Irving Convention Center.
The ICC will utilize untreated lake water for exterior irrigation of trees and plantings,
flushing of water closets and urinals within the restrooms (after onsite treatment),
and provide the water supply for the building’s HVAC cooling tower.
4. In order to provide the untreated water to the ICC at the required pressure and flow,
the District will be required to install a new submerged pump station in the waterway
adjacent to existing Pump Station No. 3 at an estimated cost not to exceed
$70,000.00. In addition, the District will be compensated for all costs for a Point of
Delivery meter, including, but not limited to, the meter, installation, maintenance,
and repair, thereof, in an amount not to exceed $6,000.00.
5. The building project engineer estimates the use of the untreated water could save
as much as 19 million gallons of conventionally treated drinking water per year,
resulting in a savings of as much as $45,000.00 per year.
6. The total not to exceed amount necessary is $76,000.00; sufficient funding is
available and the overall project budget remains unchanged.
7. Funding in the amount of $76,000.00 is available in the Convention Center
Construction Bond Fund.
Recommendation

Bid and Purchasing Items
Items 17-20
17 Resolution -- Approving the Agreement with Sprint Solutions, Inc., for
Cellular Services through the State of Texas Department of Information
Resources (DIR) Program
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 6: Effective
Communication.
2. This item has been recommended by Information Technology.
3. Impact: With this service, critical communications will continue for the Police and
Fire Department employees (including medical information being submitted via cell
phone to the hospitals regarding patients), and for the City’s Parks and Building
Services field employees.
4. This award establishes an annual contract for the continuation of providing service
for approximately 160 cell phones and approximately 230 broadband aircards for a
total estimate of 390 cell devices.
5. Funding in the net estimated amount of $90,000.00 for the period of May 1, 2010,
through September 30, 2010; in the net estimated amount of $216,000.00 for the
period of October 1, 2010, through September 30, 2011; in the net estimated
amount of $216,000.00 for the period of October 1, 2011, through September 30,
2012; and in the net estimated amount of $126,000.00 for the period of October 1,
2012, through April 30, 2013, is available in the General Fund, subject to funds
being appropriated in Fiscal Years 2010-11, 2011-12, and 2012-13.
Recommendation

18 Resolution -- Renewing the Annual Contract with Convergint Technologies
for the LENEL Security Systems Hardware Support Services
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:
Infrastructure Network.
3. Impact: The City will maintain a high level of security through this contract for
service, upgrades, and parts for the City’s security systems that provide security
access, control, and surveillance for various City buildings. Purchasing negotiated
an additional discount for parts for the new renewal period.
4. This renewal establishes the continuation of an annual contract to provide hardware
support and consulting services for the City’s LENEL security systems. The original
contract was awarded on the basis of competitive proposals.
5. Funding in the net amount of $350,000.00 for the period of May 1, 2010, through
September 30, 2010; in the net estimated amount of $150,000.00 for the period of
October 1, 2010, through September 30, 2011; and in the net estimated amount of
$150,000.00 for the period of October 1, 2011, through April 30, 2012, is available
primarily in the Technology Fund, subject to funds being appropriated in Fiscal
Years 2010-11 and 2011-12.
Recommendation

19 Resolution -- Approving the Annual Professional Services Agreement with
LCA Environmental, Inc., for Environmental Assessment Services
2. This item has been recommended by Real Estate Services.
3. Impact: This agreement will enable staff to ensure compliance with state and
federal environmental regulations when acquiring, remediating, and/or demolishing
property.
4. On May 13, 2010, the City Council passed Resolution 2010-112 which authorized
staff to negotiate a professional services contract with LCA Environmental, Inc., for
these services.
5. This annual contract establishes the schedule of charges to be incurred by the City
for comprehensive asbestos surveys, lead paint surveys, abatement specification
development and project management services, property condition surveys, indoor
air quality testing, wetland surveys, environmental services related to underground
storage tanks, and other property acquisition environmental services.
6. The services under this contract are authorized on a project-by-project basis within
a specific scope, upon verification of available project funding.
7. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on this
award is 100%.
8. Funding in the net estimated amount of $80,000.00 for the period of June 24, 2010,
through September 30, 2010, and in the net estimated amount of $200,000.00 for
the period of October 1, 2010, through June 23, 2011, is available in various funds,
subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation

20 Resolution -- Rejecting the Proposals for Museum Retail Store Consultant
2. This item has been recommended by Irving Arts Center.
3. Impact: This will allow the City to seek more detailed proposals to provide the
services required for the scope of this project.
4. The intent of this proposal was to obtain a full-service museum store consultant
and/or consulting agency that can provide a variety of services for the development
and management of a gift shop to be operated by City staff and/or volunteers in
conjunction with Genghis Khan: The Exhibition, at the Irving Arts Center June 1 to
September 30, 2011.
5. The City advertised this RFP in compliance with state law and also sent emails to
229 vendors. Two proposals were received from Hinojosa, Architecture & Interiors,
P.L.L.C., and Mustard Design Architecture & Planning, LLP.
Recommendation
The resolution for rejection be approved.
End of Bids

ZONING CASES AND COMPANION ITEMS
21 Resolution -- Approving Sign Variance #S1005-0024 - to Allow for Non-
Street Facing Wall Signs at 2515 W. Airport Freeway - Consolidated
Development Services/Whataburger, Applicant - MSC-1 LTD, Owner
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This sign variance will enhance the signage for a new business on State
Highway 183 by improving the visibility within the shopping center without any
negative impacts on State Highway 183.
3. Whataburger Restaurants is proposing to demolish a vacant building and construct
a new restaurant at 2515 W. Airport Freeway. The location is a pad site that has
buildings on either side of and behind the proposed new building. An access
driveway that connects several properties in the retail center runs behind the
subject property. The applicant has agreed to develop the restaurant in
conformance with the proposed State Highway 183 Overlay, with most of the
parking located to the side of the building and a 30 ft. deep landscape buffer along
Airport Freeway.
4. The applicant requests approval to install a 46.25 square foot wall sign on the west
wall, and two additional signs measuring 6.33 square feet and 25 square feet (31.33
square feet combined) on the north wall. These signs would not face a public street.
The applicant also has two wall signs on the south façade measuring a combined
31.33 square feet facing State Highway 183. The total square footage of all wall
signs is 108.91 square feet, less than 1/3 of the 388 square feet allowed for wall
signs on the front (south) elevation by ordinance.
5. 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.
6. The sign on the west façade does not face a public street, but it is over a primary
customer entrance to the establishment as a result of the parking area being on the
west side of the property. Since the sign is over a customer entrance, staff can
support this request.
7. The signs on the north façade do not face a public street; however, they do face a
cross access easement that covers the length of the shopping center and connects
to adjacent properties to the east and west. The additional signage is not visible to
any residential properties north of the site. Since the additional signage faces an
internal cross access easement that serves multiple properties, staff can support
this request as well.
8. Section 7-22 of the Land Development Code authorizes the City Council to grant a
variance to the sign regulations.
Recommendation

22 Resolution -- Approving Special Fence Plan #ZC10-0008 to Allow a
Variance to the Fence Ordinance to Use Electrically Charged Fences -
Located at 3100 South Belt Line Road - Sentry Security Systems, Applicant
- FedEx Freight East Inc., Owner
2. Planning and Zoning Commission Hearing Date and Action: May 17, 2010 – Denial
9-0. The applicant has appealed that decision to the City Council.
3. The applicant requests a variance from Sec. 15-15, Use of barbed wire or
electrically charged fences, of the Land Development Code, which does not allow
an electric fence. The applicant is proposing to install an electric fence on the
property line on the perimeter of the facility.
4. The property is developed as a trucking terminal with warehouses and truck
storage. Seven-foot chain link fences surround all four sides of the property. The
applicant requests a variance to install an electric security fence four to six inches
inside the existing metal security fence.
5. The requested fence consists of 10-foot tall metal poles located in the ground
approximately six inches inside the existing security fence with 20 separate strands
of wire. The fence will be energized by a 12-volt car battery and connected to solar
panels. The wires are connected to the control panel, siren alarm systems, and
telephone dialer. In the event of an intruder, the siren will sound, the system
operator will automatically be dialed, and the intruder will receive a “low-level but
unpleasant shock”.
6. The Fire Department cannot support a new electric fence in the City. There is a
danger of shock to firefighters, who use bulky equipment and power tools, and the
response time and set-up time for fighting a fire can be slowed if an electric fence is
present. Vehicle accidents both inside and outside the facility can impact the fence,
and grass fires could be started (see attached memo from the assistant fire
marshal).
7. In addition, staff is concerned about the appearance of an electric fence at a
significant entrance into the city. Such a fence can create a negative perception
about the safety of an area and the need for such measures. Other less obtrusive
security measures are available other than erecting an electric fence.
8. If this request is approved, a fence permit must be obtained prior to construction.
9. Seventeen notices were mailed with one comment form received in opposition.
Recommendation
The resolution be denied.

23 Ordinance -- Zoning Case #ZC10-0021 - Granting S-P-1 (Detailed Site Plan)
for C-N (Neighborhood Commercial) and Outdoor Seating Uses -
Approximately 2,268 Square Feet Located at 3501 North Belt Line Road -
the Dimension Group, Applicant - Town North SC Partner, Ltd., Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
June 7, 2010 – Favorable, 7-0 (Commissioners Zapanta and Tannehill, absent).
3. The applicant is requesting to rezone the property to allow a restaurant to have
outdoor seating.
4. The applicant is proposing to allow a new restaurant the ability to have outdoor
seating under an existing covered patio area in front of the restaurant. The current
C-N (Neighborhood Commercial) zoning does not permit outdoor seating.
5. The proposed site plan shows a 1,641 sq. ft. restaurant lease space with 29 seats
(20 indoor, 9 outdoor). 12 parking spaces are required and provided.
6. Since the outdoor seating area is limited and pedestrian pathways are not blocked,
staff can support the request.
7. Public notices were sent to five (5) property owners, with no letters in support or
opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.

APPOINTMENTS AND REPORTS
24 Resolution -- Appointment to Boards, Commissions, and Committees, to
Fill an Unexpired Term for the Housing and Human Services Board
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government.
3. The vacant position under consideration is Housing & Human Services Board-
Place 7.
Recommendation
25 Mayor’s Report
26 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.

1
AGENDA ITEM SUMMARY – PUBLIC INPUT HEARING
Meeting: 6/24/2010 DOC ID: 3382

Recommending Department: Budget & Compensation
Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal Year
Budget
DISCUSSION:
2. In accordance with the Fiscal Year 2010-2011 Budget Calendar, a public hearing
has been scheduled for the June 24, 2010 Regular Council meeting to receive
input. This is the third and final notice to be posted.
3. The notice of the hearing has been published in the legal section of the Irving
Rambler, and the Corporate Communications Department has released this notice
to the local media.
Recommendation
Input be taken under advisement.
ATTACHMENTS:
REVISION INFORMATION:
Prepared: 6/1/2010 10:06 AM by Shelle Womack
Last Updated: 6/1/2010 10:07 AM by Shelle Womack
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WORK SESSION MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
June 9, 2010
The Irving City Council met in work session June 9, 2010. The following members were
present/absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Sam Smith Irving City Council Councilman Present
Joe Philipp Irving City Council Councilman Present
Minutes Acceptance: Minutes of Jun 9, 2010 10:30 AM (CONSENT AGENDA)

Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
Mayor Herbert Gears called the meeting to order at 10:35 a.m.
DISCUSSION TOPIC
1 Introduction of City Council Cycle Participants
Linda Murray, Executive Assistant, introduced the following City Council Cycle participants:
Carol Boyer, ICVB Office Manager
Nancy Webb, Water Customer Service Supervisor
3 Entertainment Venue Equity and Public Finance Structure

Brenda McDonald, Director of Real Estate and Development, introduced the Entertainment
Venue Team presenting today.
Speakers include the following:
Charles Cotten, Principal, CSE Commercial Real Estate - Mr. Cotten gave a background on
the project, indicating that there will be three key components of success for this venue: 1)
public spaces, 2) restaurants, and 3) a concert hall. The venue will allow for major festivals,
secured and controlled access, adequate, affordable and accessible parking as well as quality
food and entertainment. The Entertainment Venue is said to increase revenues to the
Convention Center as well as occupancy and demand for the hotel that will be associated with
the Irving Convention Center. A public referendum to authorize hotel revenue tax and project
specific parking and ticket tax was held and passed by 66% of the voters in November 2007.
A development agreement and lease was formed between the City and Las Colinas Group
(LCG) in December 2008. Mr. Cotten confirmed that the planning and design phase of the
project is almost complete; the next phase includes financing discussions before construction.
The Team plans to open the Entertainment Venue Summer 2012.
Steve Croxton, Managing Director, Jeffries & Company - Mr. Croxton provided an overview of
the financing for the project. Jeffries & Company has been retained by the Las Colinas Group
(LCG) to raise $50 million in private equity financing. They have conducted initial due
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City Council Work Session

June 9, 2010
diligence in partnership with management counsel and LCG’s various partners and third-party
consultants. The company is currently drafting marketing materials to capture interest of
potential investors, is managing the investor diligence process and will negotiate optimal
transaction structure between parties within the allocated timeframe provided.
Mr. Croxton defined the risks that have been assessed quantitatively and operationally.
Quantitatively, construction is one of the highest elements of risk, but he noted that the City
and its partners have gone to great diligence to mitigate construction delays through the
design process. Operationally, the question is “When you open the Venue will they come?”
The Innovation Group has examined the market demographics and according to Mr. Croxton,
based on that examination, the Team believes people will come to the Venue.

Councilman Philipp questioned the financing range and asked if Jefferies & Company could
raise more than $50 million.
Mr. Croxton stated that there is flexibility in the financing range, but if significantly more
financing needs to be raised, the Team will need to re-evaluate the financing numbers. He
noted that the projections are based on a five-year time frame which includes the initial ramp
up and stabilizing years with 30% expected rate-of-return for investors.
Mayor Gears noted that the City will maintain ownership of the property and the investors are
receiving a financial return.
Michael Soll, Executive Vice President, The Innovation Group - Mr. Soll indicated they are an
international feasibility and assessment group. The Innovation Group was tasked with the
following: 1) a feasibility assessment/validations, and 2) a projected tax revenue estimate for
the proposed mixed use entertainment development which would include a variety of
restaurants, several live entertainment facilities and a small retail segment. Their approach
and methodology was to examine the key areas of interest to include food and beverage,
entertainment, suites and hotel villas, sponsorship and retail.
Mr. Soll stated that the food and beverage interest is important to the overall viability of the
Venue and described the meal time analysis for lunch and dinner visitors per square foot.
He also gave a financial comparison of the planned projections and The Innovation Group’s
evaluation for cash flow and revenue, noting a $14 million difference in the two projections.
Councilman Philipp asked how the City’s alcoholic beverage ordinance for restaurants
affected the food mixed beverage calculations and questioned the penetration rate.
Mr. Soll confirmed that the projections include both inside and outside of the venue
restaurants, noting that the proposed restaurants are eating venues before drinking venues.
Mayor Gears stated that all restaurants outside of the venue must comply with the alcoholic
beverage ordinance for restaurants which details that at least 60% of sales must be from food
and no more than 40% of sales may come from alcohol sales.
Councilman Gallaway asked how many different restaurants were proposed.

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Packet Pg. 20
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June 9, 2010
Mr. Soll confirmed that 12 outlets including street vendors are planned.
Councilman Santoscoy questioned the viability of 220 event nights and noted his concern with
the naming rights revenues projected in today’s economy.
Mr. Rittvo, Director, Food and Beverage Division, The Innovation Group, stated that they
looked at comparable venues, with dual scale events, and confirmed that 220 events is
reasonable, noting that some of the additional nights include smaller acts, charitable events,
etc.

Jorge Garza, Managing Director, Estrada Hinojosa & Company- Mr. Garza spoke in regards
to the financing of this project. He indicated that the primary sources of payment for the Venue
Project will be from the following sources: 1) Private Partnership Equity, 2) Private Partnership
rent and other payments, 3) Hotel Occupancy Taxes (HOT) from visitors, 4) Voter-approved
Brimer Taxes (2% Brimer HOT), and 5) Attendees and consumers at the Venue. He gave an
overview of the guiding principles used to development the financing options in today’s
market.
Councilman Philipp asked what contingencies were reviewed and put into place in the event
of economic down turns.
Mr. Garza stated that the Team looked at the developer’s projections, an ERA study, revised
projection by The Innovation Group and stress tests. He noted that the scenarios will show
downward trends that can be withstood before the contingencies will be affected.
Lance Etcheverry, Managing Director, J.P. Morgan Securities Inc., presented two scenarios to
fully fund the Venue project using Brimer tax and state tax with the use of Hotel Occupancy
Taxes (HOT) as cushions.
Mr. Etcheverry described Scenario 1 as three series of bonds for 40 years with an average
cost of 8.5%. He summarized the bond funding, noting that the funding is limited to Brimer
HOT with one unrated bond. He gave an overview of the impact on the city for bond A.
Councilman Stopfer questioned the validity of the current PKF Consulting study and their
projections.
Mr. Etcheverry described the most recent PKF Consulting study, noting the reserves and
contingencies are based on the current projections and coverage levels. He then described
Scenario 2, noting this option maximizes use of tax-exempt debt, does not included an
unrated bond, and is a 30 year debt service. He summarized the financing and described the
debt service schedule.
Mr. Etcheverry stated that they recommend Scenario 2 which maximizes the use of tax-
exempt debt with the least cost while minimizing the risk of the 7% HOT.
Mr. Garza suggested an alternate payment structure which makes interest only payments
first, making obligations to use revenue stream lower and pay off as much as possible in year
10 to mitigate possible down turns in the economy.
3
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3

June 9, 2010
Mayor Gears clarified that no city funds have been contributed or invested in this project. He
confirmed that the 2% HOT can only be used on this project, the remainder being extracted
from revenue collected from operating the venue. Although the city has invested $0, the city
will get revenue annually and the project will increase property values. Mayor Gears stated
that no issues with the city’s budget can be fixed with the Entertainment Venue as most
revenues, legally, are only available for the Venue and may not be used to supplement the
convention center budget. He stated that the Council needs to decide if we believe the
projections.
Brenda McDonald presented the following timeline for future Entertainment Venue

discussions and actions:
• June 9 - City Council work session - initial financing presentation
• June 23 - Audit and Finance Committee - financing discussion
• June 24 - City Council Resolutions: Live Nation Agreement and authorization for
additional legal services by Vincent and Elkins
• July 8 - City Council Resolutions -amendments to development agreement and lease (if
required), approval of concessionaire documents (if required)
• July 15 - July 22 - Ratings presentations completed
• July 23 - City Council approval of bond sale, validation suit, Preliminary Offering
Statements (POS), levy of parking and ticket tax
• August 19 - Special City Council Meeting - price bonds.
• September 27 - closing on bonds and equity
• October 7 - City Council meeting to approve bond documents for refunding /pricing of
refunding (if 40 year structure required).
Council recessed at approximately 1:40 p.m.
Council reconvened at approximately 2:15 p.m.
Upon reconvening Councilman Smith was absent for the remainder of the meeting.
2 Review of Regular Agenda

City Manager Tommy Gonzalez showed the following video:
City Source Video: Irving Fire Fighters provide assistance to the Special
Olympics Games
Mr. Gonzalez also announced that the Irving Police Department had the most
participants in the MADD walk-a-thon. He applauded all departments for their
participation and volunteerism to the community.
4
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3

June 9, 2010
26 Resolution -- Temporary Use Permit #G1006-0084 - to Allow a Farmers Market

at Irving Mall - Property Located at 3602 West Airport Freeway - Four Seasons
Markets, Applicant - Simon Malls, Owner
Ken Bloom, Chief Planner, presented the temporary use permit request for a
farmers market at the Irving Mall, noting the staff’s support of this will generate
needed consumer traffic at the location.
27 Resolution -- Approving Special Sign Permit S1001-0038 to Allow the Use of

Electronic Signs on Two Proposed Monument Price Signs - Located on the
Northwest Corner of MacArthur Boulevard and Royal Lane - Anita James,

Applicant - RaceTrac Petroleum, Inc., Owner (Postponed at the May 27, 2010
City Council Meeting)
Mr. Bloom presented the sign permit request for Race Trac and has indicated
that the applicant has agreed to lower the sign from its originally requested 9
feet in height to 7 feet, 10 inches. Staff recommends approval.
28 Resolution -- Approving Sign Variance Case No. S1004-0019 to Allow a Pole

Sign to Exceed the Maximum Height - Property Located at 1308 East Airport
Freeway - Grisset Enterprises, LLC, Applicant - Anthony Grissett, Owner
Mr. Bloom presented the sign variance request at McDonalds on SH 183. He

noted staff can support this request as the applicant has agreed to come into
compliance within two years or once the adjacent property’s sign is removed,
whichever comes first. The adjacent property’s sign was purchased by TxDOT
and is scheduled to be removed the summer of 2011.
29 Resolution -- Approving Sign Variance Case No. S1003-0059 - to Allow a Pole

Sign to Exceed the Maximum Height and Area - Property Located at 4210 West
Airport Freeway - Larry Westrich, Applicant - DSW Inns, LLC, Owner
Mr. Bloom presented the sign variance request at Drury Inn on SH 183. He
noted staff cannot support this request due to the extreme variance requested
which does not match surrounding properties. Mr. Bloom also stated that the
property owner has been compensated for the pole sign by TxDOT. Staff is
requesting denial of the applicant’s request.
4 Fourth of July Celebration Update

Gayle Averitt, Marketing & Public Affairs Coordinator, presented information about the
July 4, 2010 activities that are set for this year.
5 Flood Control Districts Update

Casey Tate, Capital Improvement Program Director, presented an overview of the flood
control districts.
5
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3

June 9, 2010
EXECUTIVE SESSION
Council did not convene into executive session during today’s meeting.
6 Legal Advice - Entertainment Venue Bond Structure
Texas Open Meetings Act § 551.071
The meeting was adjourned at 3:30 p.m.

___________________________
Herbert A. Gears, Mayor
ATTEST:
______________________
Shanae Jennings, TRMC
Acting City Secretary
6
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4
REGULAR MEETING OF THE IRVING CITY COUNCIL

MEETING MINUTES
June 10, 2010
~
The City Council met in regular session in the Council Chambers of the City Hall
Complex on Thursday, June 10, 2010. The following members were present / absent:
Attendee Name Organization Title Status Arrived

Herbert Gears Irving City Council Mayor Present
Allan Meagher Irving City Council Councilman Present
Lewis Patrick Irving City Council Councilman Present
Rick Stopfer Irving City Council Councilman Present
Sam Smith Irving City Council Councilman Present
Minutes Acceptance: Minutes of Jun 10, 2010 7:00 PM (CONSENT AGENDA)

Joe Philipp Irving City Council Councilman Present
Rose Cannaday Irving City Council Councilwoman Present
Roy Santoscoy Irving City Council Councilman Present
Mike Gallaway Irving City Council Councilman Present
ORGANIZATIONAL SERVICE ANNOUNCEMENTS
Fran Bonilla, 401 E. 7th Street, Irving, TX - Ms. Bonilla invited everyone to Public
Servant Day at First Methodist Church this Saturday, it begins at 9:30 a.m.
INVOCATION
The invocation was delivered by Reverend Lari Goold of Celebration of Life Church.
PLEDGE OF ALLEGIANCE
Councilman Patrick led those present in the pledge.
PROCLAMATIONS AND ANNOUNCEMENTS
There were no proclamations or announcements at tonight’s meeting.

.
CITY COUNCIL AGENDA
1 Public Hearing -- Public Input on the 2010-2011 City of Irving Fiscal Year
Budget
Mayor Gears opened the public hearing at approximately 7:18 p.m.
The following individuals signed up to speak:
Sharon Barbosa-Crain, 2608 Alan-a-Dale, Irving, TX

Joe Mapes, 5104 N .Main Street, Euless, TX
Beverly Fuqua, 1210 North O’Connor Road, Irving, TX
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4
City Council Meeting

June 10, 2010
Gordon Sumner, 1617 Landmark, Irving, TX

City Manager Tommy Gonzalez showed the following videos:
Activities which are occurring within and around the City of Irving.
Channel 4 Good Day video about the opening of the new aquatics center.
Goal 8: Sound Governance

CONSENT AGENDA
Joe Mapes, 5104 N. Main Street, Euless, TX requested to speak on items 15-25
before they were approved for final reading.
Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday to

approve consent agenda items 3-25.
Motion approved 9-0.
3 Approving Minutes for Wednesday, May 26, 2010
4 Approving Minutes for Thursday, May 27, 2010

5 Resolution No. RES-2010-127 -- Authorizing Destruction of Obsolete Records in
Accordance with the City of Irving’s Records Management Policy
RESULT: ADOPTED [UNANIMOUS]

MOVER: Roy Santoscoy, Councilman
SECONDER: Rose Cannaday, Councilwoman
AYES: Gears, Meagher, Patrick, Stopfer, Smith, Philipp, Cannaday,
Santoscoy, Gallaway
6 Resolution No. RES-2010-128 -- Approving a Funds Sharing and Fiscal Agency

Agreement Between the County of Dallas, and the Cities of Dallas, Addison,
Balch Springs, Carrollton, Cedar Hill, DeSoto, Duncanville, Garland, Grand
Prairie, Irving, Lancaster, Mesquite, and Richardson Authorizing the City of
Dallas to Serve as the Fiscal Agent to Administer and Distribute FY2010 Justice
Assistance Grant (JAG) Funds Through the Edward Byrne Memorial Justice
Assistance Grant Program
2
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4

June 10, 2010

Santoscoy, Gallaway
7 Resolution No. RES-2010-129 -- Approving a Discretionary Service Agreement

Between the City of Irving and Oncor Electric Delivery Company, LLC, for the
Undergrounding of Overhead Electric Facilities on Irving Boulevard at Ohio
Street

Santoscoy, Gallaway
8 Resolution No. RES-2010-130 -- Approving Contours Community Development

Corporation Contract Extension

Santoscoy, Gallaway
9 Resolution No. RES-2010-131 -- Approving Amendment to Irving Community

Development Corporation Contract for Fund Allowance and Extension of Term
3
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4

June 10, 2010

Santoscoy, Gallaway
10 Resolution No. RES-2010-132 -- Approving Irving Community Development

Corporation CHDO Operating Agreement

Santoscoy, Gallaway
11 Resolution No. RES-2010-133 -- Approving the Single Source Award to John J.

Duncan for Electron Beam Tomography (EBT) Scanning

Santoscoy, Gallaway
12 Resolution No. RES-2010-134 -- Approving the Single Source Award to Black

Box Network Services to Upgrade the City’s Nortel Phone System

Santoscoy, Gallaway
4
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4

June 10, 2010
13 Resolution No. RES-2010-135 -- Approving the Extended Warranty Purchase to
CDW Government for Itronix Laptops used in Police Vehicles through The
Cooperative Purchasing Network (TCPN) Program


Santoscoy, Gallaway
14 Resolution No. RES-2010-136 -- Approving the Single Source Award to

Siemens Industry, Inc., for the Expansion of the Energy Management Systems to
be Installed and Implemented at the Mustang Recreation Center and the ICTN
Facilities

Santoscoy, Gallaway
15 Ordinance No. ORD-2010-9177 -- Final Reading -- Granting a Franchise to

Bluebonnet Waste Control for Solid Waste Collection Services Pursuant to
Chapter 33 of the Code of Civil and Criminal Ordinances of the City of Irving,
Texas

Santoscoy, Gallaway

Champion Waste Services, LLC for Solid Waste Collection Services Pursuant to
5
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4

June 10, 2010
Texas

Santoscoy, Gallaway

Community Waste Disposal, LP for Solid Waste Collection Services Pursuant to
Texas

Santoscoy, Gallaway

Empire Disposal, Ltd., for Solid Waste Collection Services Pursuant to Chapter
33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas

Santoscoy, Gallaway

Hurricane Waste Systems for Solid Waste Collection Services Pursuant to
Texas
6
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4

June 10, 2010

Santoscoy, Gallaway
20 Ordinance No. ORD-2010-9182 -- Final Reading -- Granting a Franchise to IESI

Tx Corporation for Solid Waste Collection Services Pursuant to Chapter 33 of the
Code of Civil and Criminal Ordinances of the City of Irving, Texas

Santoscoy, Gallaway

Moore Disposal Corporation for Solid Waste Collection Services Pursuant to
Texas

Santoscoy, Gallaway

Republic Waste Services of Texas, Ltd., for Solid Waste Collection Services
Pursuant to Chapter 33 of the Code of Civil and Criminal Ordinances of the City
of Irving, Texas
7
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4

June 10, 2010

Santoscoy, Gallaway
23 Ordinance No. ORD-2010-9185 -- Final Reading -- Granting a Franchise to S &

H Waste Disposal Service for Solid Waste Collection Services Pursuant to

Texas

Santoscoy, Gallaway

Triplett Waste Services for Solid Waste Collection Services Pursuant to Chapter
33 of the Code of Civil and Criminal Ordinances of the City of Irving, Texas

Santoscoy, Gallaway

Waste Management for Solid Waste Collection Services Pursuant to Chapter 33
of the Code of Civil and Criminal Ordinances of the City of Irving, Texas
8
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4

June 10, 2010

Santoscoy, Gallaway
ZONING CASES AND COMPANION ITEMS

26 Resolution No. RES-2010-137 -- Temporary Use Permit #G1006-0084 - to
Allow a Farmers Market at Irving Mall - Property Located at 3602 West Airport
Freeway - Four Seasons Markets, Applicant - Simon Malls, Owner
Mayor Gears opened the public hearing at 8:07 p.m.
The following individuals signed up to speak in support of this item:
Holly Conner, 3880 Irving Mall, Irving TX and Vincent Hirth, 3206 Christie Circle,
Garland, TX - They both represent the Farmers Market requesting to be brought
to the Irving Mall. They expressed that this is a clean market, not a flea market,
and that they are excited to be bringing healthy and fresh produce and products
to the mall.
Mayor Gears closed the public hearing at 8:19 p.m.
Motioned by Councilman Meagher, seconded by Councilwoman Cannaday to

approve a temporary use permit located at 3602 West Airport Freeway.

MOVER: Allan Meagher, Councilman
Santoscoy, Gallaway
9
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4

June 10, 2010
27 Resolution No. RES-2010-125 -- Approving Special Sign Permit S1001-0038 to
Allow the Use of Electronic Signs on Two Proposed Monument Price Signs -
Located on the Northwest Corner of MacArthur Boulevard and Royal Lane - Anita
James, Applicant - RaceTrac Petroleum, Inc., Owner (Postponed at the May 27,
2010 City Council Meeting)
The following individual did not wish to speak but signed up in support of this
item:

Anita James, 3225 Lumberland Blvd., Suite 100 Atlanta, GA
Motioned by Councilman Patrick, seconded by Councilman Meagher to approve

a special sign permit located on the Northwest corner of MacArthur Boulevard
and Royal Lane.
Councilman Philipp voted in opposition to this motion.
Motion approved 8-1
RESULT: ADOPTED [8 TO 1]
MOVER: Lewis Patrick, Councilman
SECONDER: Allan Meagher, Councilman
AYES: Gears, Meagher, Patrick, Stopfer, Smith, Cannaday, Santoscoy,
Gallaway
NAYS: Joe Philipp
28 Resolution No. RES-2010-138 -- Approving Sign Variance Case No. S1004-

0019 to Allow a Pole Sign to Exceed the Maximum Height - Property Located at
1308 East Airport Freeway - Grisset Enterprises, LLC, Applicant - Anthony
Grissett, Owner
The following individuals signed up to speak in support of this item:
Ben Sims, 910 Forest Park Court, Keller, TX

Anthony Grissett, 6715 Ledbetter Rd., Arlington, TX
10
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4

June 10, 2010
Motioned by Councilman Santoscoy, seconded by Councilwoman Cannaday to

approve a special sign permit located at 1308 East Airport Freeway.
Councilman Philipp voted in opposition to this motion.
Motion Approved 8-1.
RESULT: ADOPTED [8 TO 1]

AYES: Gears, Meagher, Patrick, Stopfer, Smith, Cannaday, Santoscoy,
Gallaway
NAYS: Joe Philipp
29 Resolution No. RES-2010-139 -- Approving Sign Variance Case No. S1003-

0059 - to Allow a Pole Sign to Exceed the Maximum Height and Area - Property
Located at 4210 West Airport Freeway - Larry Westrich, Applicant - DSW Inns,
LLC, Owner - (Postponed at the June 10, 2010 City Council Meeting)
The applicant has requested that this item be postponed to the June 24, 2010
City Council meeting.
Motioned by Councilman Smith, seconded by Councilman Stopfer to postpone

this item to the June 24, 2010 meeting.
RESULT: POSTPONED [UNANIMOUS]

Next: 6/24/2010 7:00 PM
MOVER: Sam Smith, Councilman
SECONDER: Rick Stopfer, Councilman
Santoscoy, Gallaway
APPOINTMENTS AND REPORTS
30 Resolution No. RES-2010-140 -- Appointment to the Convention Center

Community Opening Events Task Force
11
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4

June 10, 2010
Motioned by Councilwoman Cannaday, seconded by Councilman Philipp to
approve a resolution appointing Benny Newman to the Convention Center
Opening Task Force.

MOVER: Rose Cannaday, Councilwoman
SECONDER: Joe Philipp, Councilman

Santoscoy, Gallaway
31 Mayor’s Report
Mayor Gears reported a great work session occurred yesterday and reminded
everyone who wishes to vote in the runoff election for District 7 to get out and
vote.
32 Adjournment
Mayor Gears adjourned the meeting at approximately 8:35 p.m.
Citizens’ Forum
No one elected to speak at tonight’s citizen forum.
ATTEST:
Shanae Jennings, TRMC

12
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13
June 10, 2010
4
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5
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3271

Recommending Department: Management Operations LSR No: 10619
Resolution -- Approving Approximately 1.43 Acre Tract Located in the 1700

Block of Sunnybrook Drive, to be Designated as Public Open Space for
Municipal Uses
1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.
2. Impact: A portion of the land located at the 1700 block of Sunnybrook Drive (1727
and 1731) was used for a drainage capital improvement project to improve the
storm water drainage system along Delaware Creek.
3. The project is now complete and the remainder of the real property, 1.43 acre tract
is no longer needed for drainage improvement purposes.
4. The public use designation on this property will enhance the walkability and
aesthetics of the neighborhood.
Recommendation
ADDITIONAL COMMENTS:
Contract Required: No Review Completed By: Karen Brophy
Previous Action: N/A Council Action: N/A
.
CURRENT YEAR FINANCIAL IMPACT:

None
Prepared: 2/18/2010 12:24 PM by Anita Gomez
Last Updated: 6/16/2010 02:48 PM by Jennifer Phillips
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5
CITY OF IRVING
COUNCIL RESOLUTION NO. (ID # 3271)
WHEREAS, the City of Irving purchased two single family homes on Canyon Oaks and
Sunnybrook Drive in 2008, with bond funds from the 1999 drainage bond authorization for drainage
improvement purposes; and
WHEREAS, a portion of the land was used to remove a hazardous drainage condition and
improve the storm water drainage system along Delaware Creek; and
WHEREAS, the project is now complete and the remainder of the real property is no longer
needed for drainage improvement purposes; and
WHEREAS, the City has a need to use the remaining real property to serve the public purpose
of public open space;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

IRVING, TEXAS:
SECTION I. THAT the approximately 1.43 acre tract, located in the 1700 block of Sunnybrook
Drive in Irving, Dallas County, Texas, and more particularly described in attached
Exhibit A, is hereby found to no longer be needed for drainage improvement use.
SECTION II. THAT the approximately 1.43 acre tract is hereby found to be immediately necessary
to meet the public need of beautiful neighborhoods by providing the recreational
opportunity of public open space.
SECTION III. THAT approval of this resolution is a necessary step in the construction of a new
public open space, as approved in the Strategic Plan.
SECTION IV. THAT this resolution shall take effect from and after its final date of passage, and it is
accordingly so ordered.
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5
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
APPROVED AS TO FORM:
_______________________________
Charles R. Anderson
City Attorney
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6
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3376

Recommending Department: Solid Waste Services LSR No:
Resolution -- Authorizing the Submission of an Application for a Permit

Amendment Relating to the Hunter Ferrell Landfill
2. Impact: This permit amendment will allow for expansion of the Hunter Ferrell
Landfill into the middle tract expanding the current life expectancy of the landfill to
75 remaining years.
3. The last permit amendment was in June of 1992 to incorporate new regulations.
5. No funding is required for filing this application (there is a filing fee of $150.00).
Recommendation
Contract Required: No Review Completed By: Kuruvilla Oommen
Previous Action: Resolution 6-4-92-269 Council Action: Approval of Resolution

N/A
Budget Adjustment/Transfer Required: No
Prepared: 5/24/2010 04:45 PM by Christie Williams
Last Updated: 6/17/2010 10:50 AM by Belinda Rowlett
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6
CITY OF IRVING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby authorizes the submission of the attached
“Application for a Permit/Registration to Operate a Municipal Solid Waste Site”
which amends the existing landfill permit to allow development of the Hunter Ferrell
Landfill and existing property located within the limits of the existing landfill
property, and authorizes the Mayor to execute the application.
SECTION II. THAT this resolution shall take effect from and after its final date of passage, and it is
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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7
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3407

Recommending Department: Parks & Building Maintenance LSR No: 11019;
11086
Resolution -- Authorizing the Submission of an Application to the Texas

Forest Service for a Grant of $10,000 from Urban Forestry Partnership
Grant Program Which Will Provide Funding for Tree Assessment on
Medians and Rights of Way, and If Awarded, Authorizing the Mayor to
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. Impact: The approval and acceptance of the grant will provide funding for the
assessment of trees on COI Medians and Rights of Way which will contribute to the
enhancement of major corridors throughout Irving.
3. Through the funding the Texas Forest Service will provide a contractor containing
two certified arborists to inventory 4,000 trees and identify the location of hazardous
trees for removal, as well as the need to replace or install new trees.
4. Inventory results will assist in developing a maintenance and management plan for
the future as required by our Tree City USA commitment.
5. The focus of the inventory of trees on our Medians and Rights of Way will also
contribute to the City’s Vision and Mission of being a model city with safe and
beautiful neighborhoods, and the promotion of a higher quality of life for residents,
visitors and business.
6. Funding in the amount of $20,000.00 is available in the Miscellaneous – Special
Needs Account.
Recommendation
Contract Required: Yes Review Completed By: Michael Griffith
ATTACHMENTS:
Grant Agreement (PDF)
Urban Forestry Partnership Grant Program 2010 Application (PDF)
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7

1001-0751-56410-500 Budget: $20,000.00 Actual: $20,000.00
Prepared: 6/8/2010 04:26 PM by Durenda Pena
Last Updated: 6/16/2010 11:39 AM by Durenda Pena
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7
CITY OF IRVING

SECTION I. THAT the City Council hereby authorizes the submission of an application to the
Texas Forest Service for Urban Forestry Partnership Grant Program funding in the
amount of $10,000.00 for tree assessment on medians and rights of way, and the
Mayor is authorized to execute the attached application.
SECTION II. THAT the City Council hereby approves, if awarded, the acceptance of the Urban
Forestry Partnership Grant Program funding and authorizes the Mayor to execute any
resulting grant agreement for receipt of said funds upon approval by the City
Attorney.
SECTION III. THAT the grant will be paid on a reimbursement basis with the City providing a
$10,000.00 match for a total of $20,000.00 that will initially be charged to Account
No. 1001-0751-56410-500.
THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.
__________________________________
Max S. Duplant, CPA
Chief Financial Officer
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7
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 46
Attachment: Grant Agreement (3407 : 7 Agmt COI and Texas Forest Service)
Packet Pg. 47
7.a
Federal Program Grant Number: 10-04-01

CFDA Number: 10.664 Grant Amount: $10,000
Period: 7-01—10 to 12-31—10 Local Match: $10,000
Urban Forestry Partnership Grant Program
A Cooperative Program Between the Texas Forest Service

And the USDA Forest Service
GRANT AGREEMENT
This Grant Agreement is hereby entered into by and between the

Texas Forest Service (TFS), a Member of The Texas A&M University System
and an agency of the State of Texas, and the City of Irving, Texas,
hereafter referred to as ‘Grantee.
Article 1. This agreement represents the entire agreement between the

parties. Any modification of purpose, final product, grant award, or
matching contribution must be requested in writing and approved by the
TFS. Grantee must raise the entire balance of funds necessary to complete
the budget as proposed, from non-federal sources. All funds must be used
for the purposes stated below.
Purpose: To develop a GPS tree inventory for up to 4,000 street and

median trees, which will record location, species, size, condition,
maintenance needs, and risk rating for each tree assessed. Information
will be integrated into the CityWorks work order system and will be
used to develop a tree management plan. Grant and local funds will be
used to pay for consulting services to conduct the field inventory.
Article 2. The $10,000 grant will be paid on a reimbursement basis upon

submission of approved cost records AND a project final report. Interim
reports detailing partial project accomplishments and costs will be
accepted for partial payment. The amount paid will equal 50% of the
approved project costs, not to exceed either the grant amount or the out-
of-pocket expenses. The Grantee shall be responsible for a minimum match
of $10,000, in eligible cash purchases or in-kind contributions.
Article 3. The Grantee shall be responsible for providing proof-of-

payment records for all purchases and in-kind contributions. These include
source documentation such as invoices, cancelled checks, paid receipts,
payroll or time and attendance records, contract documents, and valuation
letters for third-party in-kind contributions. Cost records must be
retained for three years following conclusion of the project.
Article 4. The Grantee must provide the TFS with an official resolution
passed by its governing body that authorizes its representative to execute
any agreements associated with this grant and commits the organization to
the matching contribution as proposed in the grant application and listed
above.
Packet Pg. 48
7.a
Article 5. Applicable federal cost principles (attached 0MB A-87 for

local governments, 0MB A—21 for higher education institutions, or 0MB A-
122 for nonprofit groups), administrative requirements (attached 7 CFR
Part 3016 or 7 CFR Parts 3015/3019), and the Grantee’s application will be
followed in determining reasonableness, allowability, and allocation of
costs. Grantee’s procurement procedures must conform to standards defined
in these documents and Grantees receiving $500,000 or more in federal
funds must comply with federal Single Audit Act requirements, as detailed
in circular 0MB A-133.
Article 6. The terms of this agreement shall be governed by the laws of

the State of Texas. In addition, the Grantee agrees to comply with all
applicable federal laws, as specified in the attached Assurances for Non-
Construction Programs. Grantee must certify that they have not been
debarred from this or any other federal program, must comply with federal
drug-free workplace requirements, and must comply with restrictions on
lobbying Congress.
Article 7. The Grantee shall submit a final project performance report, a

financial summary with supporting documentation, and a copy of any product
developed through the grant within 60 days of project completion. (If
required, a copy of the Single Audit report covering the grant period must
also be submitted.)
Article 8. The State Forester and the Comptroller General of the United
States, or any of their authorized representatives, shall have the right
of access to any pertinent books, documents, papers, or other records of
the Grantee which are pertinent to the grant in order to make audits,
examinations, excerpts, and transcripts.
Article 9. (For tree planting projects only.) The Grantee must provide
the TFS with a resolution or letter from the governing body of the entity
that owns the property where the trees are to be planted. This document
must grant permission to the Grantee to install this planting and commit
to providing reasonable protection for the trees.
Article 10. (For tree planting projects only.) Exhibit A (Tree Planting
Maintenance Specifications), attached hereto and incorporated for all
purposes, must be followed and will be used by the TFS to measure
performance by the Grantee. Trees must be maintained for three full years
following planting. The Grantee must replace any dead trees within the
period of this Agreement if the number of live trees falls below 90% of
the original number planted and included in project cost reports.
Article 11. If a Grantee materially fails to comply with any term of this
award, as stated above, the TFS may temporarily withhold cash payments
pending correction of the deficiency by Grantee, disallow all or part of
the cost of the activity or action not in compliance, wholly or partly
suspend or terminate the current award for the Grantee, withhold further
awards for the program, demand repayment of the grant, or take other
legally available remedies.
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7.a
Article 12. The Grantee may terminate this entire Agreement, without
cause, prior to the expiration of the grant period, upon thirty (30) days
written notice. Upon cancellation of this Agreement and release or return
of the unexpended grant funds, the Grantee is fully released of all
obligations under this Agreement.
Article 13. To the extent permitted by the laws and constitution of the
State of Texas, the Grantee agrees to hold the Texas Forest Service (TFS)
harmless from any injury to person or property occurring in connection
with project operations by Grantee, its agents, or employees.
Article 14. If any part of this Agreement shall be deemed to be or shall,

in fact, be invalid, inoperative, or unenforceable as applied, such
circumstance shall not have the effect of rendering any other provision of
this Agreement invalid, inoperative, or unenforceable to any extent
whatever.
Acceptance: We accept this grant subject to the terms and provisions

stated above.
Grantee:
Signature
tie
Organization
Date
Grantor:
Tom G. Boggus
State Forester
Texas Forest Service
Date
Attachment: Urban Forestry Partnership Grant Program 2010 Application (3407 : 7 Agmt COI and Texas
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7.b
Urban Forestry Partnership Grant Program

2010 Application
Part I — Applicant Information
Project Title: Professional Tree Assessment on Medians and Rights of Way

Organization: City of Irving
825 W. Irving Blvd.
Irving, Texas 75060
Contact: Michael Griffith, Parks Manager / City Arborist # TX 3454A
—
972-721-8077 office
469-446-4288 cell
mgriffit(cityofirving.org
Tax Exempt: #75-6000566
Part II— Executive Summary
The purpose of this project is to perform a public tree assessment on our major medians
and Rights of Ways in order to quantify the environmental and social benefits of the
urban forest in Irving. This will also develop and prioritize the Management Plan by
evaluating the risk factors as it relates to species, condition and site location. The tree
assessment is utilizing the ISA Best Management Practices for the tree inventory. The
tree data will be collected and stored within the city’s “City Works” Program with a GIS
platform including GPS data points for each tree. The inventory system will be used to
develop a work order system that will record the history of the maintenance performed on
each tree.
Part III — Organizational Goals
In 2009 the Mayor, City Manager, and City Council endorsed support of preservation and
improved maintenance for our Urban Forest in Irving Texas. They directed the Parks and
Recreation Department to track and implement a forestry program that would certify the
city to become a Tree City USA community. In doing so, the City Arborist (Mike
Griffith), assisted in creating the Tree Board and the Tree Ordinance to facilitate that
requirement. As a result, Irving was recently certified as being a Tree City USA
community.
Our Mission is to inventory all of the “public” trees on our Medians and Rights of Way to
assist us in developing an Urban Forestry Management Plan. The city’s focus is the
enhancement of our major corridors throughout the city. This will also contribute to the
City’s Vision and Mission of being a model city with safe and beautiful neighborhoods,
and the promotion of a higher quality of life for its residents, visitors and businesses.
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7.b
The long term benefit of this project will lead to a stronger community involvement
towards tree care and their benefits. The inventory will identify where hazardous trees are
located for their removal, as well as the need to replace and install new trees to strengthen
our Urban Forest.
Our Departments goals for 2010 2011 are as follows:

—
• To develop a Tree Maintenance Plan utilizing our inventory.

• To develop a Tree Farm to help our reforestation efforts into the future.
• To develop and publish educational materials for our citizens to utilize in
performing proper tree maintenance and to bring awareness of the benefits of
trees.
The data collected will also utilize the ‘i-Tree Streets’ management program to obtain
the “cost benefit analysis” of our Urban Forest. With the interest of community
involvement from our tree assessment, we should be able to continue our inventory
throughout the city.
The Irving Tree Board is made up of members of Keep Irving Beautiful, the Green
Advisory Board and the Park and Recreation Board. We have a well rounded group
that is very excited about this project and what it will lead to. They have committed to
assist and promote the development of the new Tree Fann in which we plan to create this
winter at a 23 acre non developed park. They have a large volunteer group to help
support our efforts.
We have also recently partnered with the Boy Scouts of America whose National
Headquarters is based in Irving. In celebration of their 100
th
Anniversary we assisted with
a 50 / 50 split on the purchase of one hundred (100), 3 inch diameter trees. City Forces,
Boy Scouts, and Volunteers planted them at Northwest Park. After everyone saw the
impact of the tree plantings, a Boy Scout trying to earn his Eagle Scout badge was able to
purchase 48 additional 3 inch diameter trees on his own through donations. These trees
were planted by the Boy Scouts, Volunteers and City Forces at Thomas Jefferson Park.
The Boy Scouts and neighbors were so overwhelmed that we hope to continue this
partnership.
Part IV: Section A — Project Work Plan
1. Project Description:
The City Arborist will be the “Project Manager” (Mike Griffith) over this project.
I have already put out an RFP / BVB and have the results ready for execution. We
determined that we will be able to inventory 4,000 trees with the expenditure of
$20,000. The low bid of the project is Urban Renewal, Inc that has two (2) ISA
certified arborist that will be performing the work. We are processing bid at this
time.
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7.b
2. Timeline:
Projected Start date July 1, 2010
—
Completion date August 20, 2010

—
3. Budget:
Funds of $20,000 will come from a city account for the project. The grant will
allow us to spend these funds, so we can refund the utilized account.
Project Publicity:
This project has been announced to the Mayor, City Manager, and City Council
and all of the Boards that it will be taking place. The local Community TV
network and city publications will also have cover stories and interviews of the
project. After the project has been completed, the contractor will make a
presentation to the City of Irving with all its findings. The city will obtain the data
where I will be able to present the information at various meetings throughout the
city and with our local Garden Clubs.
Part IV: Section B — Project Budget
Expense Category (1) Grant($) (2) Local Cash ($) (3) Local In-Kind ($)
Personnel:
Office Expenses:
Travel:
Supplies and
Materials:
Equipment:
Professional
Services:
Contractual: $ 10,000 $ 10,000
Other
C ):
*Colunm Totals: $ 10,000 $ 10,000
*(a)Grant Request; Local Match Total (d)=(b)+(c) *Local Match Total: $ 10,000
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Part V: Forester Certification

It is the understanding of the City of Irving that a TFS forester should review the
completed application before it is submitted for funding. This application has been
reviewed by our local Regional Urban Forester, Mr. Micah Pace for completion and
consistency with program goals and objectives. We also understand that upon
completion of the proposed project that a TFS Forester must also inspect the project and
“sign-off’ on it as a successfully completed and “approved” project before
reimbursement may be submitted.
May 24, 2010

Signature of TFS Forester Date
Part VI: Grant Application Authorization
As a duly authorized representative of the organization making this application, I hereby

certify that all the information provided herein is true and represents the desires of this
organization. I further certify that I understand the purpose and rules of the program, as
set out in the Application Guide.

Name and Title of Authorized Representative
Signature of Authorized Representative Date

8
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3238

Recommending Department: Financial Services LSR No: 10616
Resolution -- Approving a Professional Services Agreement with Gideon

Toal to Provide Consultant Services Within Tax Increment Reinvestment
Zone No. 1
2. Impact: Authorizing economic development incentives and amending the financing
plan to reflect actual costs are important improvements that add to the effectiveness
in TIF No. 1.
3. The study delivered by Gideon Toal in 2009 identified important opportunities for
TIF No. 1.
4. The technical scope of work in this specialized area includes: Preparation of
necessary documents to amend the project and financing plan in TIF No. 1 in
compliance with state statutory and intergovernmental contractual requirements.
5. The scope of work also includes presentations to the Irving ISD and Carrollton-
Farmers Branch ISD Boards; presentation to the City of Irving TIF Board and City
Council.
6. Funding for these services are available in the TIF Fund and will not exceed
$31,500.00.
Recommendation
Contract Required: Yes Review Completed By: Karen Brophy
Previous Action: RES 2008-450 Council Action: Approved
.
ATTACHMENTS:
Professional Services Agreement Gideon Toal_gtrevised-v2 (PDF)

2050-0305-56401-9006 Budget: $31,500 Actual: $31,500
Prepared: 2/3/2010 01:50 PM by Brad Duff
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Last Updated: 6/18/2010 09:31 AM by Jennifer Phillips
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CITY OF IRVING
COUNCIL RESOLUTION NO. RES-2010-50
WHEREAS, Tax Increment Reinvestment Zone No. 1 City of Irving (hereinafter referred to as “TIF
District No. 1”) and its Board of Directors (hereinafter referred to as “Board”) were created by the Irving City
Council pursuant to City of Irving Ordinance No. 7394; and
WHEREAS, the mission of the TIF District is to enhance the tax base of the City; preserve the value of
the existing developments; and promote new development through the use of available financial, marketing, and
capital infrastructure development and land planning tools within a comprehensive and coordinated strategy of
public and private efforts; and
WHEREAS, Gideon Toal has performed a taxable value analysis of each parcel within the TIF District
No. 1 which supports updating the TIF Project and Financing Plan; and
WHEREAS, the Board recommends retaining Gideon Toal for additional services to update the TIF
Project and Financing Plan;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached agreement between the City of
Irving and Gideon Toal for economic development services in an amount not to
exceed $31,500, and the Mayor is authorized to execute said agreement.
SECTION II. THAT this expenditure shall be charged to Account No. 2050-0305-56401-9006.
SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it is
__________________________________
Max S. Duplant, CPA
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on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Professional Services Agreement

THIS AGREEMENT is entered into as of the _____ day of ____________________,
A.D. 2010, by and between the of the City of Irving, Texas, a municipal corporation
Attachment: Professional Services Agreement Gideon Toal_gtrevised-v2 (RES-2010-50 : 8 TIF #1 Contract with Gideon Toal)
located in Dallas County, Texas, and incorporated as a home rule city under the
Constitution of the State of Texas, hereinafter referred to as "CITY," and Gideon Toal
Inc., a Texas corporation, hereinafter referred to as "CONSULTANT."
WITNESSETH:
In consideration of the premises and mutual covenants hereinafter contained, the

parties hereto agree as follows:
1. Services
The CONSULTANT shall perform the services set out in Exhibit "A" and is incorporated
herein as though fully set out, with such document hereinafter referred to as "the
Services."
2. Compensation and Reimbursement
2.1 CITY shall pay CONSULTANT a fee not to exceed Twenty eight thousand five
hundred and no/100 Dollars ($28,500), plus reimbursable expenses in an amount not-
to-exceed Three thousand and no/100 Dollars ($3,000) for the Services as specified in
Exhibit "A."
2.2 CONSULTANT shall submit invoices monthly, as the work progresses. CITY
shall then pay the CONSULTANT the total amount of the statement which is validly due
within thirty (30) days, with the final monthly installment being paid upon satisfactory
completion of the project. All payments made under this agreement shall be made from
currently available funds.
2.3 CONSULTANT must give written notice that the Services have been completed
or substantially completed, and CITY shall make a final inspection of the Services, and
if the Services are found to be completed or substantially completed in accordance with
this agreement, CITY shall, upon the receipt of invoice, pay CONSULTANT within thirty
(30) days the balance due CONSULTANT under the terms of this agreement.
2.4 In the event CITY should request additional services not set forth in Exhibit "A,"
CONSULTANT and CITY shall agree on the compensation for those services prior to
performance by CONSULTANT. Performance of these additional services may be
within or without the term of the contract set forth in Section 5 of this agreement. Under
no circumstances will CONSULTANT perform additional services without prior written
authorization from CITY.
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3. Confidential Relationship
3.1 CITY may from time to time communicate to CONSULTANT certain information
to enable CONSULTANT to effectively perform the Services. CONSULTANT shall treat
all such information as confidential, whether or not so identified, and shall not disclose
any part thereof without the prior written consent of CITY. CONSULTANT shall limit the
use and circulation of such information, even within its own organization, to the extent
necessary to perform the Services. The foregoing obligations of this Section 3,
however, shall not apply to any part of the information that (i) has been disclosed in
publicly available sources of information, (ii) is, through no fault of CONSULTANT,
hereafter disclosed in publicly available sources of information, (iii) is now in the
possession of CONSULTANT without any obligation of confidentiality, or (iv) has been
or is hereafter rightfully disclosed to CONSULTANT by a third party, but only to the
extent that the use or disclosure thereof has been or is rightfully authorized by that third
party.
3.2 CONSULTANT shall not disclose any reports, recommendations, conclusions, or

other results of the Services, the existence of, or the subject matter of this contract
without the prior written consent of CITY.
3.3 In its performance hereunder, CONSULTANT shall comply with all legal
obligations it may now or hereafter have respecting the information or other property of
any other person, firm, or corporation.
4. Proprietary Rights
4.1 The work product of the Services, and any writings, discoveries, inventions, and
innovations or data resulting from the Services, shall be promptly communicated to,
and be the property of CITY.
4.2 As instruments of service, all documents, including original drawings, estimates,

and notes shall be available for use by CONSULTANT named herein.
5. Term
This agreement shall be effective on the date of signing, and expire upon completion of
the Services. This agreement shall be subject to termination upon a thirty (30) day
written notice at any time by either party. In the event of termination prior to the
completion of the Services for reasons other than for cause, payment shall be made for
services performed through the effective termination date including reimbursable
expenses then due. This payment shall be the CITY's sole obligation to the
CONSULTING AGREEMENT PAGE 2

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8.a
CONSULTANT. In addition, upon termination or expiration of this agreement,

CONSULTANT shall return to CITY any and all equipment, documents, or materials,
and all copies made thereof, which CONSULTANT received from, and/or developed for
CITY for the purposes of this agreement.
6. Right to Audit
The CITY, at its own expense, shall have the right at all reasonable times during
normal business hours and upon at least twenty-four (24) hours advance notice, to
audit, to examine, and to make copies of or extracts from the books of account and
records maintained by CONSULTANT with respect to the Services. If such audit shall
disclose overpayment by CITY to CONSULTANT, written notice of such overpayment
shall be provided to CONSULTANT and the amount of overpayment shall be promptly
reimbursed by CONSULTANT to the CITY. In the event any such overpayment is not
paid within ten (10) days after receipt of such notice, the unpaid amount of such
overpayment shall bear interest at the rate of one percent (1%) per month from the date
of such notice until paid.
7. Indemnification
CONSULTANT SHALL INDEMNIFY, DEFEND, AND HOLD THE CITY AND ITS
OFFICERS, AGENTS, VOLUNTEERS, AND EMPLOYEES COMPLETELY HARMLESS
FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, SUITS, CLAIMS,
JUDGMENTS, FINES, OR DEMANDS ARISING BY REASON OF INJURY OR DEATH
OF ANY PERSON, DAMAGE TO ANY PROPERTY, OR DAMAGE TO INTANGIBLES
(DAMAGE TO BUSINESS, DEFAMATION, ETC.), INCLUDING ALL REASONABLE
COSTS FOR INVESTIGATION AND DEFENSE THEREOF (INCLUDING, BUT NOT
LIMITED TO, ATTORNEY FEES, COURT COSTS, AND EXPERT FEES), OF ANY
NATURE WHATSOEVER ARISING OUT OF OR INCIDENT TO THIS AGREEMENT,
WHICH ARE THE RESULT OF ACTS OF NEGLIGENCE OF CONSULTANT, ITS
EMPLOYEES, OR AGENTS. CONSULTANT SHALL GIVE TO THE CITY
REASONABLE NOTICE OF ANY SUCH CLAIMS OR ACTIONS. CONSULTANT
SHALL USE LEGAL COUNSEL REASONABLY ACCEPTABLE TO THE CITY IN
CARRYING OUT ITS OBLIGATIONS HEREUNDER. THE PROVISIONS OF THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLY TERMINATION OF THIS
AGREEMENT.

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8.a
8. Notices
All notices and billings shall be in writing and sent to the following addresses:
To CITY: Max Duplant, Chief Financial Officer
825 W. Irving Blvd.
Irving, TX 75060
To CONSULTANT: Gideon Toal

Attention: David Pettit
500 West Seventh Street, Suite 1400
Fort Worth, TX 76102
9. General
9.1 The terms and conditions of Sections 3, 4, 6, and 7 hereof shall survive the
termination of this agreement or completion of the Services as the case may be.
9.2 CONSULTANT shall perform the Services as an independent contractor and

shall not be considered an employee of CITY for any purpose whatsoever, including,
but not limited to, entitlement to CITY employee benefits. CONSULTANT hereby
expressly waives any claim or entitlement to such benefits.
9.3 CONSULTANT shall not export, directly or indirectly, any technical data
acquired from under this agreement or any products utilizing any such data to any
country for which the U.S. Government or any agency thereof at the time of export
requires an export license or other government approval without first obtaining such
license or approval.
9.4 The waiver or failure of either party to exercise in any respect any right provided
for in this agreement shall not be deemed a waiver of any further right under this
agreement.
9.5 If any provision of this agreement is invalid, illegal, or unenforceable under any
applicable statute, court decision, or rule of law, it is to that extent to be deemed
omitted. The remainder of the agreement shall be valid and enforceable to the
maximum extent possible.
9.6 This agreement shall be governed by the laws of the State of Texas. Venue of
any action arising from this agreement shall be in Dallas County, Texas.

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8.a
9.7 This agreement may not be modified, altered or amended except by written
instrument duly executed by both parties, except that the address for notice may be
changed as provided in Section 8.
9.8 The above shall constitute the entire understanding between CONSULTANT and
CITY respecting the Services described herein. The terms and conditions of the
purchase order shall have no effect upon this agreement and shall be used for
accounting purposes only.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of
the date first above written.
CITY OF IRVING, TEXAS CONSULTANT
By: By:
Herbert A. Gears, Mayor David Pettit, Principal
ATTEST: ATTEST:
Shanae Jennings
Assistant City Attorney

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8.a
CORPORATE ACKNOWLEDGMENT
(IF ENTITY IS A CORPORATION)
THE STATE OF ____________________ §
§
COUNTY OF ______________________ §
BEFORE ME, the undersigned authority, a Notary Public in and for said County
and State, on this day personally appeared:
(Print Name) (Print Title)
of Gideon Toal, Inc., 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 Gideon Toal, Inc., a Texas corporation, that he was duly authorized to
perform the same by appropriate resolution of the board of directors of such
corporation, and that he executed the same as the act 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. 20___.
Notary Public's Signature
My Commission Expires:
___________________

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8.a
EXHIBIT A
SCOPE OF SERVICES
January 20, 2010
Mr. Brad Duff

Treasury Manager
City of Irving, Texas
825 W. Irving Blvd.
Irving, Texas 75060
RE: ADDITIONAL SERVICES SCOPE AND FEE PROPOSAL
Dear Mr. Duff:
Thank you for the opportunity to provide this proposal to you for additional services relating to amending the Project and
Financing Plan for Irving TIF #1. Our initial work on TIF #1 identified several opportunities within the TIF that would
require multiple procedural steps in order to take full advantage of those opportunities. Those steps include approval of
the changes by the TIF partners and the governing body of the municipality.
Gideon Toal has recently completed several TIF project and financing plan amendments incorporating the provisions of
Texas Local Government Code Chapter 380 for economic development. In those experiences we found that approval
required significant outreach and education of the TIF partners. We believe our experience in working with all parties
involved in the amendment process brings a substantial level of added value to your team. In addition, we have found
having this specific experience allows us to approach the approval process in the most efficient manner possible.
Specialized Work Necessary to Amend Plan

Based upon our experience with amending other plans, the following activities will facilitate the timely implementation of
the TIF project and financing plan amendments:
• ISD presentation briefings on proposed amendment;

o Presentation and review of proposed changes with CFBISD and IISD
o Cost - $8,000
• Prepare Amendment to Project and Financing Plan;
o Prepare the necessary documents to amend the Irving TIF #1 Project and Financing Plan in
compliance with state statutory and intergovernmental contractual requirements
o Cost - $10,500
• TIF Board consideration of Amended Plan;
o Presentation and consideration of proposed changes by TIF Board
o Cost - $3,000
• Irving City Council consideration of Amended Plan;
o Presentation and consideration of proposed changes by Irving City Council
o Cost - $3,000
• Carrollton/Farmers Branch consideration of Amended Plan; and
o Final presentation to CFBISD
o Cost - $2,000
• Irving ISD consideration of Amended Plan.
o Final presentation to IISD
o Cost - $2,000
Facilitate Review and Consideration of Amendment

Gideon Toal will facilitate and attend meetings and presentations with local governmental bodies and their respective
boards and commissions. This will include supporting meetings, work sessions, briefings, commission meetings, and
hearings. Gideon Toal will also attend one-on-one meetings and small group briefings, discussion and phone calls with
key decision makers prior to the public presentation of the proposed amended plan. Key products of this task would
include attendance and support of City staff at all required meetings in the review and approval process.
Prepare Amendment
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8.a
Gideon Toal will prepare the Project and Financing Plan amendment and all other exhibits required for local government
approval per the state legislative requirements and intergovernmental contractual agreements. This work includes the
written, graphic, and PowerPoint materials and exhibits, as well as support of the process. Backup materials such as
spreadsheets and databases will also be products that support the plans.
Fee for Services
Our fee for services relating to the implementation of the Project Plan updates will be billed on an hourly basis, at the
rate listed on the following page, up to a cap of $28,500. Additionally, reimbursable expenses not-to-exceed $3,000
would be charged to include out-of-pocket expenses incurred in the interest of the project at one point one (1.10) times
actual costs. This fee would be charged on a monthly basis, subject to on-going progress on the work effort.
Changes of Scope and Additional Services

Minor additions to our scope will be treated as Additional Services. Work on Additional Services will not begin until
authorized in writing by the Client.
Additional Services and Rates for Hourly Services

Additional Services shall be billed on an hourly basis unless a fixed fee or other method of compensation is mutually
agreed upon. Our current hourly rates are:
Classification Hourly Billing Rate
Classification Hourly Billing Rate
Principal $275.00
Senior Project Manager $175.00
Project Manager $160.00
Project Architect I $140.00
Project Architect II $120.00
Architectural Intern I $110.00
Architectural Intern II $100.00
Senior Planner $150.00
Planner $120.00
Planning Intern $100.00
Landscape Architect I $140.00
Landscape Intern $100.00
Interior Designer I $120.00
Interior Designer II $100.00
Interior Design Intern $80.00
Construction Administrator $120.00
Technician I $90.00
Technician II $80.00
Administrative $80.00
These rates apply for the current calendar year and are subject to revision on January 1, when they may be revised to
reflect changes in staff salaries over the preceding year.

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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3396

Recommending Department: Financial Services LSR No: 11077
Resolution -- Approving an Engagement Letter with Vinson & Elkins, L.L.P.,

for Legal Services Related to the 2010 Entertainment Venue Project Bonds
2. Impact: Revising the bond counsel engagement letter now will allow Vinson &
Elkins, L.L.P., to begin all the required state law procedures to facilitate the timely
issuance of bonds for the Irving Entertainment Center at Las Colinas.
3. The firm will prepare an expedited declaratory judgment action bond validation
litigation and necessary filings.
4. The firm will prepare the venue ordinances, bond ordinance, submissions for Texas
Attorney General review, and other legal services as required for the issuance of
the bonds.
5. Fees will be based on standard billing rates which range from $105.00 per hour for
non-lawyer personnel to $675.00 per hour for the most senior partner. These fees
will be billed on a monthly basis.
Recommendation
Previous Action: RES-2008-309 Council Action: Approval of Engagement Letter
.
On August 7, 2008, the City retained Vinson & Elkins, L.L.P., to provide legal services in
connection with the Entertainment Venue Project Bonds and to assist in the preparation of a
development agreement and a lease agreement between the City and the developer.
ATTACHMENTS:
RES Engagement Letter - Vinson & Elkins - June 2010 (PDF)

All costs associated with these legal services will be paid from entertainment venue bond
proceeds.
Prepared: 6/7/2010 10:32 AM by Belinda Rowlett
Last Updated: 6/17/2010 08:00 AM by Karen Brophy
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CITY OF IRVING
WHEREAS, the City of Irving, Texas (the "City"), is authorized by law to issue special revenue
bonds; and
WHEREAS, the City Council has found and determined that it is in the best interests of the City
to authorize an engagement letter with Vinson & Elkins, L.L.P., relating to the issuance of
Entertainment Venue Project Bonds; and
WHEREAS, the meeting at which this resolution is considered is open to the public as required
by law, and the public notice of the time, place, and purpose of said meeting was given as required by
Chapter 551, Texas Government Code, as amended;

IRVING, TEXAS:
SECTION I. THAT the City's Bond Counsel, Vinson & Elkins, L.L.P., and appropriate staff of the
City are hereby authorized and directed to take such action as is necessary to prepare
for the sale and issuance of the Entertainment Venue Project Bonds including
preparation of an expedited declaratory judgment action, for the purpose of providing
funds to make certain public improvements within the City.
SECTION II. THAT the Mayor is hereby authorized and directed to execute the attached
engagement letter with Vinson & Elkins, L.L.P., setting forth such firm's duties as
Bond Counsel for the City and such engagement letter and the terms thereof in the
form presented at this meeting are hereby approved and accepted.
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on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Engagement Letter - Vinson & Elkins - June 2010 (3396 : 16 Engagement Letter - Vinson & Elkins)
9.a
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3435

Recommending Department: City Attorney’s Office LSR No: N/A
Resolution -- Approving an Addendum to the Employment Agreement

Between the City of Irving and Tomas Gonzalez
2. Impact: The proposed Addendum approves a one step (3.5%) increase to the base
salary of the City Manager.
3. Upon review, the City Council and the Manager are contractually obligated to
negotiate compensation on an annual basis.
4. The proposed step increase matches that received by non-civil service employees.
5. Funding is available in the General Fund.
Recommendation
Contract Required: Yes Review Completed By: Charles R. Anderson
Previous Action: 2008-192; 2009-242 Council Action: Approval of Agreements
.
ATTACHMENTS:
RES Second Addendum to Employment Agreement - Tomas Gonzalez 6-18-10 (PDF)

1001-0301-61101-100 Budget: $ Actual: $
Budget Adjustment/Transfer Required: No (If yes, please explain.)
Prepared: 6/18/2010 02:47 PM by Belinda Rowlett
Last Updated: 6/18/2010 03:09 PM by Belinda Rowlett
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Second Addendum to the
Employment Agreement between the City of Irving and Tomas Gonzalez for City
Manager services providing a step increase and such other benefits as specified in the
attached addendum, and the Mayor is authorized to execute said addendum.
__________________________________
Max S. Duplant, CPA
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Second Addendum to Employment Agreement
Attachment: RES Second Addendum to Employment Agreement - Tomas Gonzalez 6-18-10 (3435 : 16 Appr Addendum to CM Agreement)
between the City of Irving, Texas, and Tomas Gonzalez
This is the Second Addendum to the original Employment Agreement approved by Irving
City Council Resolution No. 2008-192 entered into by and between the City of Irving, Texas,
hereinafter called "Employer," and Tomas Gonzalez, hereinafter called "Employee," and as
modified by Council Resolution No. 2009-242 in the First Addendum. The Employment
Agreement as amended by the First Addendum shall hereinafter be referred to as the Agreement.
The parties hereto agree to further amend the Agreement as follows:
Amend the first sentence of Section 6, entitled “Salary,” of the Agreement to read as
follows:
Effective May 1, 2010, Employer agrees to increase Employee’s annual base

of salary by one step (3.5%) and shall continue standard longevity pay. During the
balance of the term of this Agreement, Employee shall receive an annual adjustment
to the base salary of 3.5% provided that the following three conditions occur: (1) the
approved budget does not prevent eligible City employees from receiving step
increases; (2) the Council gives Employee a satisfactory or better performance
evaluation; and (3) Employer and Employee do not agree on a different adjustment
to the base salary.
All other terms and conditions of the Agreement shall remain the same.
IN WITNESS WHEREOF, the City of Irving, Texas, has caused this Addendum to be
signed and executed on behalf of its Council, and duly attested by the City Secretary, and the
Employee has signed and executed this Agreement, both in duplicate, on June _____, 2010.
CITY OF IRVING EMPLOYEE:
By: __________________________ By: __________________________

Herbert A. Gears, Mayor Tomas Gonzalez
ATTEST:
_____________________________
Shanae Jennings
_____________________________
Charles R. Anderson
City Attorney
1
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SINGLE ACKNOWLEDGMENT
Attachment: RES Second Addendum to Employment Agreement - Tomas Gonzalez 6-18-10 (3435 : 16 Appr Addendum to CM Agreement)
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 Tomas Gonzalez, City Manager, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.

__________________, A.D. 2010.
NOTARY PUBLIC, STATE OF TEXAS
___________________
CITY ACKNOWLEDGEMENT

§
COUNTY OF DALLAS §
Before me, personally appeared Herbert A. Gears, Mayor of the City of Irving, Texas, a
home rule municipality of the state of Texas, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged executing the instrument by proper
authority, in the capacity stated and for the purposes and consideration expressed in it.

__________________, A.D. 2010.
NOTARY PUBLIC, STATE OF TEXAS
___________________
2
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3398

Recommending Department: Capital Improvement Program LSR No: 11052
Resolution -- Awarding a Contract to CHA, Inc., for Annual Structural

Engineering Services
2. Impact: The annual contract provides structural engineering services on an as-
needed basis for review, analysis, and/or design of existing or proposed City of
Irving infrastructure, i.e. retaining walls, screening walls, and pedestrian bridge
abutments. Structural engineering is a specialized professional skill set that is not
available within existing staff.
3. Staff has negotiated a fair and reasonable agreement with CHA, Inc., for these
services and recommends approval.
4. Funding for these services will be allocated from various project funds as needed.
Recommendation
Previous Action: RES-2010-119 Council Action: Authority to Negotiate
.
ATTACHMENTS:
Annual Structural Engineering Agreement CHA Inc (DOC)

None
Prepared: 6/7/2010 03:18 PM by Lana King
Last Updated: 6/11/2010 11:21 AM by Belinda Rowlett
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached engineering services agreement
between the City of Irving and CHA, Inc., for annual structural engineering services,
and the Mayor is authorized to execute said agreement.
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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ENGINEERING SERVICES AGREEMENT
Attachment: Annual Structural Engineering Agreement CHA Inc (3398 : 19 Awd CHA Inc (Clough,Harbour) for Structural Eng)
This Agreement is made and entered into this day of , 2010,
by and between the City of Irving, Texas hereinafter called the OWNER, and CHA, Inc. a
________________ corporation, hereinafter called the ENGINEER. On consideration of the
mutual agreements herein and subject to the following terms and conditions, the parties mutually
agree as follows:
I. SERVICES TO BE PROVIDED
The OWNER shall employ the ENGINEER to conduct professional services generally
described as follows:
Review of the structural aspect of proposed engineering additions to the City of

Irving infrastructure that require the special expertise and approval of a
Registered Engineer who has the appropriate qualifications to make such a
review and approval.
II. SCOPE OF WORK
During the continuance of this employment, ENGINEER shall perform at the request and
satisfaction of the City Engineer of the City of Irving, the following services for the indicated pay
schedule:
See attached EXHIBIT 1.
III. PROJECT INITIATION
Prior to the OWNER issuing a work order to proceed with any assessments, surveys, or
other work, ENGINEER shall provide OWNER with a written proposal detailing the scope of
services and providing a fee estimate for proposed work. Said costs are to be based on the
attached fee schedule. Final cost, excepting an approved change order, may not exceed the cost
estimate by more that 10 percent.
IV. FEES
Fees for services performed under this Agreement shall be based on hourly rate for
personnel, equipment and related services as detailed on the hourly rate schedule attached as
EXHIBIT 1 to this AGREEMENT. Subcontract services identified on the fee schedule such as
consulting with other engineers, as well as other services not specifically listed on the fee
schedule, will be performed by subconsultants who operate under a subcontract agreement with
ENGINEER. The rates shown will apply throughout the one (1) year duration of this
AGREEMENT. Fees shall be payable from the currently available funds. In the event funds are
not available, ENGINEER shall not be obligated to perform the work.
For all direct non-labor and/or subcontract expense, including mileage, travel and
living expenses, invoice or internal office cost plus a 10 percent service charge, provided that
all reimbursable expenses shall meet the requirements of the attached City of Irving
Consultant Reimbursement Guidelines, the City shall be liable only for the lower cost
determined from either this subsection or the Consultant Reimbursement Guidelines.
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V. PAYMENT TERMS
ENGINEER will invoice OWNER for work performed on a monthly basis. In the case of
short duration projects, invoicing will be upon project completion, with the invoice issued upon
delivery of appropriate reports or documents. Alternative invoicing methods may be acceptable
provided they are agreed to prior to the work being undertaken. OWNER agrees to pay
ENGINEER’S invoice in accordance with V.T.C.A. Government Code §2251. No deduction
shall be made from the OWNER’S invoice on account of liquidated damages unless expressly
included in the AGREEMENT. After five (5) days prior notice to OWNER, ENGINEER may
suspend services or withhold its report(s) and/or work product(s) until paid on any project where
payment of invoiced amounts not reasonably in dispute is not received by ENGINEER within
sixty (60) days of the OWNER’S receipt of ENGINEER’S invoice. OWNER’S receipt of invoice
will be presumed three days after mailing by ENGINEER first class, with adequate postage
attached. Time is of the essence of this provision.
VI. STANDARD OF CARE
ENGINEER will perform its services using that degree of care and skill ordinarily
exercised under similar conditions by reputable members of the engineering profession practicing
in the same or similar locality at the time of service. NO OTHER WARRANTY, EXPRESS OR
IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR
WRITTEN REPORTS.
VII. TERMINATION FOR CAUSE
If ENGINEER fails in any manner to fully perform each and all of the terms, conditions
and covenants of this AGREEMENT, he shall be in default and notice of default shall be given to
ENGINEER by the Purchasing Agent of the OWNER. In the event that ENGINEER continues in
default for a period of seven (7) days after receipt of the OWNER’S notice and a reasonable
opportunity to cure the above-mentioned default, OWNER may terminate or cancel this
AGREEMENT, or at its option, may purchase similar services on the open market and invoice
ENGINEER for any difference thereof.
VIII. INSURANCE
ENGINEER maintains insurance coverage as follows:
A. Worker’s Compensation Insurance – Statutory

B. Employer’s Liability Insurance - $1,000,000
C. Commercial General Liability Insurance - $2,000,000
D. Automobile Liability Insurance - $1,000,000 CSL
E. Excess Umbrella - $5,000,000 (on C & D)
F. Professional Errors and Omission - $2,000,000 claims-made
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IX. PROFESSIONAL LIABILITY
ENGINEER shall defend, indemnify and hold harmless OWNER and its directors,
officers, agents and employees against any and all losses arising out of or relating to the injury or
death of any person, or the loss or damage to any property, to the extent that it occurs in
connection with the negligent performance of the work of ENGINEER, its subcontractors or their
agents or employees, or employees. OWNER agrees that ENGINEER’S liability, and that of its
officers, directors, employees, agents, and subcontractors, to OWNER or any third party due to
any professional acts, errors or omissions or breach of AGREEMENT by ENGINEER will be
limited to $2,000,000 on a claims made basis. This limitation shall not apply to the extent
prohibited by law.
X. FIELD REPRESENTATIVE
The presence of ENGINEER’S or its subcontractor’s field personnel, either full-time or

part-time, may be for the purpose of providing project administration, assessment, observation
and/or field testing of specific aspects of the project as authorized by OWNER. Should a
contractor(s) not retained by ENGINEER be involved in the project, OWNER will advise such
contractor(s) that ENGINEER’S services do not include supervision or direction of the means,
methods, or actual work of the contractor(s), his employees or agents. OWNER will also inform
contractor that the presence of ENGINEER’S field representative for project administration,
assessment, observation or testing will not relieve the contractor of its responsibilities for
performing the work in accordance with the plans and specifications.
If a contractor (not a subcontractor of ENGINEER) is involved in the project, OWNER

agrees, in accordance with generally accepted construction practices, that the contractor will be
solely and completely responsible for working conditions on the job site, including security safety
of all persons and property during the performance of the work, and compliance with all
OWNER’S safety requirements and OSHA regulations. These requirements will apply
continuously and will not be limited to normal working hours. It is agreed that ENGINEER will
not be responsible for job or site safety or security on the project, other than for ENGINEER’S
employees and subcontractors, and that ENGINEER does not have the duty or right to stop work
of the contractor.
XI. UNFORESEEN CONDITIONS OR OCCURRENCES
It is possible that unforeseen conditions or occurrences may be encountered at the site that
could substantially alter the necessary services or the risks involved in completing ENGINEER’S
services. If this occurs, ENGINEER will promptly notify and consult with OWNER, but will act
based on ENGINEER’S sole judgment where risk to ENGINEER’S personnel is involved.
Possible actions could include:
A. Complete the original Scope of Services in accordance with the procedures

originally intended in our Proposal, if practicable in ENGINEER’S
judgment;
B. Agree with OWNER to modify the Scope of Services and the estimate of
charges to include study of unforeseen conditions or occurrences, with such
revision agreed to in writing;
C. Terminate the services effective on the date specified by ENGINEER in
writing.
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XII. OWNER RESPONSIBILITIES
OWNER responsibilities under this AGREEMENT shall be as follows:
A. Identify the OWNER’S representative who will act as the liaison between
ENGINEER and OWNER.
XIII. DOCUMENTS
ENGINEER will furnish OWNER the agreed upon number of written reports and
supporting documents. These instruments of services are furnished for OWNER’S exclusive
internal use and reliance, use of OWNER’S counsel, use of OWNER’S qualified bidders (design
services only) and for regulatory submittal in connection with the project or services provided for
in this AGREEMENT, but not for advertising or other type of distribution, and are subject to the
following:
A. All documents generated by ENGINEER under this AGREEMENT shall remain the
sole property of ENGINEER. Any unauthorized use or distribution of ENGINEER’S
work shall be at OWNER’S and recipient’s sole risk and without liability to
ENGINEER. ENGINEER may retain a confidential file copy of its work product and
related documents.
B. All reports received by OWNER from the ENGINEER may be available to the
general public upon submission of an open records request. ENGINEER may place a
statement on each report that the ENGINEER’S report reflects conditions only at the
time of the study and may not reflect conditions at a later time.
C. OWNER agrees that all documents furnished to OWNER or OWNER’S agents or
designees, if not paid for, will be returned upon demand and will not be used by
OWNER or any other entity for any purpose whatsoever.
D. OWNER shall furnish documents or information reasonably within OWNER’S
control and deemed necessary by ENGINEER for proper performance of services.
ENGINEER may rely upon OWNER-provided documents in performing the services
required under this AGREEMENT; however, ENGINEER assumes no responsibility
or liability for their accuracy. OWNER-provided documents will remain the property
of the OWNER, but ENGINEER may retain one confidential file copy as needed to
support our report.
E. Upon OWNER’S request, ENGINEER’S work may be provided on electronic media.
By such request, OWNER agrees that the written copy retained by ENGINEER in its
files, with at least one confirmed copy provided to OWNER, shall be the official base
document. ENGINEER makes no warranty or representation to OWNER that the
electronic copy is accurate or complete, but will correct in good faith and omissions
or errors brought to ENGINEER’S attention by OWNER. Any modifications of such
electronic copy by OWNER shall be at OWNER’S risk and without liability to
ENGINEER. Such electronic copy is subject to all other conditions of the
AGREEMENT.
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XIV. CLAIMS
The parties agree to attempt to resolve any dispute without resort to litigation, including
use of mediation, prior to filing of any suit.
XV. OPINIONS OF COST
If requested, ENGINEER will use its best efforts and experience or similar projects to
provide realistic opinions or estimates of costs for remediation or construction as appropriate
based on reasonably available data, ENGINEER’S designs or ENGINEER’S recommendations.
However, such opinions are intended primarily to provide information on the order of magnitude
or scale of such costs, and are not intended for use in firm budgeting or negotiation unless
specifically agreed otherwise, in writing with ENGINEER. OWNER understands actual costs of
such work depend heavily on regional economics, local construction practices, material
availability, site conditions, weather conditions, agreement or skills, and many other factors
beyond ENGINEER’S control.
XVI. TESTIMONY
Should ENGINEER or any ENGINEER’S employee be compelled by law to provide

testimony or other evidence by any party, whether at deposition, hearing or trial, in relation to
services provided under this AGREEMENT, and ENGINEER is not a party in the dispute, the
ENGINEER shall be compensated by OWNER for the associated reasonable expenses and labor
for ENGINEER’S preparation and testimony at appropriate unit rates. To the extent the party
compelling the testimony ultimately provides ENGINEER such compensation, OWNER will
receive a credit or refund on any related double payments to ENGINEER.
XVII. CONFIDENTIALITY
ENGINEER will maintain as confidential and documents or information provided by

OWNER and will not release or publish same to any third party with prior permission from
OWNER, unless compelled by law or order of a court or regulatory body of competent
jurisdiction. Such release will occur only after prior notice to OWNER.
XVIII. GOVERNING LAW
This AGREEMENT shall be governed in all respects by the laws of the State of Texas.
Venue for this AGREEMENT shall be in Dallas County, Texas.
XVIII. PRIORITY OVER FORM AGREEMENTS/PURCHASE ORDERS
The parties agree that the provisions of these terms and conditions shall control
over and govern as to any form writings signed by parties, such as OWNER Purchase Orders,
Work Orders, etc., and that such forms may be issued by OWNER to ENGINEER as a matter of
convenience to the parties without altering any of the terms or provisions hereof.
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XIX. TERMINATION WITHOUT CAUSE
This AGREEMENT may be terminated without cause by either party giving the other
party thirty (30) days written notice at the addresses as listed below. This AGREEMENT will
terminate automatically upon the insolvency of OWNER. In the event OWNER requests
termination prior to completion of the proposed services, OWNER agrees to pay ENGINEER for
all reasonable charges incurred to date and associated with termination of the work.
XX. SURVIVAL
All provisions of this AGREEMENT for indemnity or allocation of responsibility or

liability between OWNER and ENGINEER shall survive the completion of the services and the
termination of the AGREEMENT.
XXI. SEVERABILTY
In the event that any provision of the AGREEMENT is found to be unenforceable under
law, the remaining provisions shall continue in full force and effect.
XXIII. ASSIGNMENT
The AGREEMENT may not be assigned by either party without the prior permission of
the other.
XXIV. CONSIDERATION
The parties agree that the charges for ENGINEER’S services are sufficiently adjusted to
include any specific considerations payable to OWNER under these terms and conditions.
XXV. INTEGRATION
This AGREEMENT, the attached documents and those incorporated herein constitute the
entire AGREEMENT between the parties and cannot be changed except by a written instrument
signed by both parties.
XXVI. ENGINEERS SEAL
The ENGINEER shall place his Texas Professional Engineer's seal of endorsement on all
documents and engineering data furnished by him to the Owner.
XXVII. VENUE
Venue for all purposes shall be in Dallas County, Texas.
XXVIII. CHOICE OF STATE
This AGREEMENT shall be governed by the law of the State of Texas.
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EXECUTED in three (3) counterparts (each of which is an original) on behalf of

ENGINEER shown below, and on behalf of the OWNER by its MAYOR (thereunto duly
authorized) this _______ day of , 2010.
OWNER: ENGINEER:
City of Irving, Texas CHA, Inc.
Herbert A Gears, Mayor William S. Lucarelli,

Executive Vice President
ATTEST: ATTEST:
Shanae Jennings, Acting City Secretary Thomas D. Titsworth, Assistant Secretary
Charles R. Anderson, City Attorney
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CITY OF IRVING
CONSULTANT REIMBURSEMENT GUIDELINES
1. Air Travel Standards. Consultants representing the City should travel economy/tourist or
full fare coach class when engaged in work related travel on behalf of the City.
2. Lodging. Consultants representing the City should secure accommodations in business class
hotels. For example, Sheraton, D/FW Marriott, Harvey House, etc. There will be no
reimbursement for consultant's local lodging if consultant's offices are located in or within 75
miles of the City of Irving.
3. Vehicle Rentals. The City will reimburse rental of mid-size or full-size vehicles but not
luxury class vehicles.
4. Computer Research. The City will reimburse for actual cost, unless a reasonable markup is
agreed upon at inception of contract.
5. Billed Hours. All invoices for work shall state the specific number of hours spent and the
hourly rate of consultant and the task performed in sufficient detail to permit review of the
time charged.
6. Incidental Charges. The City will reimburse for actual cost of reasonable incidental charges
exclusive of markup for delivery charges. However, backup documentation must be
provided. Disbursements for regular intra-office copying are not considered compensable.
7. Travel to and from the City of Irving. There will be no reimbursement for the consultant's
local travel if consultant's offices are located in or within 75 miles of the City of Irving.
8. Meals. The City will reimburse for reasonable meal expense up to twenty-five dollars
($25.00) must be documented with receipts. There will be no reimbursement for consultant's
meals if consultant's offices are located in or within 75 miles of the City of Irving.
9. Miscellaneous. The City will not reimburse for charges listed as miscellaneous. All
expenses must be identified and backup documentation must be provided upon request.
10. Invoices. Invoices for services rendered shall include all backup documentation in sufficient
detail to permit review. Invoices are to be addressed as follows:
City Engineer
City of Irving
825 W. Irving Blvd.
Irving, Texas 75060
11. Billing Time. The City will not pay for hourly time worked by consultants for preparing
invoices, gathering receipts or documentation, or researching questions regarding invoices
sent to the City.
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CORPORATE ACKNOWLEDGMENT
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State,
on this day personally appeared of ____________________
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 _________________, a corporation,
that (s)he was duly authorized to perform the same by appropriate resolution of the board of
directors 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 the day

of , A.D. 20__.
Notary Public In and For Dallas County, Texas
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EXHIBIT 1
CHA, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
RATE SCHEDULE
Professional Consulting Services
Vice-President (PE) $260

Associate (PE) $160
Senior Engineer (PE) $135
Staff Engineer (EIT) $105
Designer / Draftsman $ 95
Administrative Staff $ 55
Out of pocket expenses will be billed at cost plus 5%, subcontract costs will be billed at cost plus
10%.
Non-professional / technical time such as word processing and document reproduction will be
billed at a flat rate of $45.00 per hour.
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3390

Recommending Department: Capital Improvement Program LSR No: N/A
Resolution -- Awarding a Contract to F&F Concrete, LLC, for the Grauwyler

Heights Alley Improvements, Section IV Project
2. Impact: This project will improve the drainage of 37 residential properties in the
Grauwyler Heights neighborhood.
3. This project includes the installation of approximately 1,400 square yards of
reinforced concrete pavement, 545 linear feet of 30” storm sewer pipe, 270 linear
feet of 24” storm sewer pipe, and 370 linear feet of 18” storm sewer pipe.
4. The lowest responsive and responsible bidder was F&F Concrete, LLC, in the
amount of $199,034.45. An additional $1,990.55 is needed for testing, bringing the
total cost of the project to $201,025.00.
5. Minority- and/or Women-owned Business (M/WBE) participation in this award is
100%.
6. Funding in the amount of $201,025.00 is available in the Municipal Utility Drainage
Fund.
Recommendation
Contract Required: Yes Review Completed By: N/A
.
On May 28, 2010, bids were received for the Grauwyler Heights Alley Improvements, Section
IV Project. The following is a tabulation of bids received:
1. F&F Concrete, LLC $199,034.45 95 Calendar Days

2. RKM Utility Services $207,470.00 95 Calendar Days
3. Camino Construction $230,720.00 95 Calendar Days
4. MACVAL Associates $233,291.20 95 Calendar Days
5. Humphrey & Morton $240,292.30 95 Calendar Days
6. Ed A Wilson $331,695.00 95 Calendar Days
7. Klutz Construction $389,965.40 95 Calendar Days
ATTACHMENTS:
Grauwyler Heights Alley Improvements, Section IV (PDF)
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5041-4120-71601-904013 Budget: $201,025.00 Actual: $201,025.00
Prepared: 6/2/2010 03:34 PM by Lana King
Last Updated: 6/9/2010 10:00 AM by Lana King
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves and accepts the bid of F&F Concrete, LLC,
in the amount of $199,034.45 for Grauwyler Heights Alley Improvements, Section IV
Project and awards the contract to said company in said amount and authorizes the
Mayor to execute said contract.
SECTION II. THAT $1,990.55 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. 5041-4120-71601-904013 in
the total amount of $201,025.00.
__________________________________
Max S. Duplant, CPA
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: Grauwyler Heights Alley Improvements, Section IV (3390 : 19 Awd F&F Concrete for Grauwyler Hts Alley Sec IV)
13
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3399

Recommending Department: Real Estate & Development LSR No:
110055
Resolution -- Approving a Letter Agreement for Acquisition of Easements

for the DART LRT Orange Line Project on Property Owned by BH
O’Connor Partners, LP
Easement, a Temporary Grading & Drainage Easement, and a Temporary DART
Convenience Station Easement on the BH O’Connor Partners, LP property adjacent
to the Convention Center Station. The property is DART Parcel No(s). I1-32E and
I1-32E-2.
4. Prior to the placement of the Convenience Station, DART will secure the approval
of The Las Colinas Association concerning plan approval, landscaping and other
issues.
5. The property owner has agreed to convey the required easements in exchange for
a $20,000.00 credit against future property owner obligations to the City related to
the ultimate development of the property. The credit is to be applied at the City’s
determination.
Recommendation
ATTACHMENTS:
A. DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Location Map (PDF)
B. RES - DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Letter Agreement (PDF)

None
Prepared: 6/7/2010 05:08 PM by Cynthia Castro
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached letter agreement with BH
O’Connor Partners, LP, in exchange for $20,000.00 in future non-cash considerations
applied at the determination of the city and the concurrence of the owner, for the
conveyance of a Water Main Easement, a Temporary Grading & Drainage Easement,
and a Temporary Convenience Station Easement on property located at
500 W. Northwest Highway and identified as DART Parcel No(s). I1-32E and I1-
32E-2 for the DART LRT Orange Line Project, and the Mayor is authorized to
execute said letter agreement and related conveyance documents.
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: A. DART LRT Orange Line Parcels I1-32E & I1-32E-2 - Location Map (3399 : 29 Acq DART LRT Orange Line Parcel I1-32E)
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All data, specifically including the geographic data herein are provided "as is"
without warranty of any kind, either expressed or implied, or statutory, including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpose. The user assumes the entire risk as to the quality and
B.H. O'Connor Partners, LP
500 W. Northwest Highway
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3397

Recommending Department: Real Estate & Development LSR No: 11040
Resolution -- Approving an Agreement for Purchase and Sale of Real

Estate for the DART LRT Orange Line Project on Property Owned by Tract
10 Properties, L.P.
Easement, a Public Mass Transit Traction Power Sub-Station (TPSS) & Utility
Easement, a Temporary Grading & Drainage Easement, and a Public Mass Transit
Easement on the Tract 10 Properties, L.P. property adjacent to the Convention
Center Station. The property is DART Parcel No(s). I2-33E-1, I2-33E-2, I2-33E-3
and I2-33E-4.
4. The property owner has agreed to sell the parcels at the appraised value of
$148,009.00. Closing costs for the purchase are not expected to exceed
$5,000.00.
5. Funding in the amount of $153,009.00 is available in the Non-Bond CIP Fund.
Recommendation
ATTACHMENTS:
A. DART LRT Orange Line Parcels I2-33E-1 Thru 4 - Location Map (PDF)
B. RES - DART LRT Orange Line Parcels I2-33E-1 Thru 4 - Agreement (PDF)
C. RES - DART LRT Orange Line Parcels I2-33E-1 Thru 4 - Descriptions (PDF)

4001-1902-77009-902018 Budget: $153,009.00 Actual: $153,009.00
Budget Adjustment/Transfer Required: No (If yes, please explain.)
Prepared: 6/7/2010 12:18 PM by Cynthia Castro
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached Agreement for Purchase and
Sale of Real Estate with Tract 10 Properties, L.P., in the amount of $148,009.00 plus
closing costs not to exceed $5,000.00 for the acquisition of a Water Main Easement,
Public Mass Transit TPSS & Utility Easement, Temporary Grading and Drainage
Easement, and Public Mass Transit Easement on property located at 300 W. John W.
Carpenter Freeway and identified as DART Parcel No(s). I2-33E-1, I2-33E-2, I2-
33E-3, and I2-33E-4 for the DART LRT Orange Line Project, and the Mayor is
authorized to execute said contract and related conveyance documents.
__________________________________
Max S. Duplant, CPA
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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without warranty of any kind, either expressed or implied, or statutory, including,
but not limited to, the implied warranties of merchantability and fitness for a
particular purpose. The user assumes the entire risk as to the quality and
Tract 10 Properties, L.P.
300 W. John W. Carpenter Freeway
DART Orange Line Project
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3391

Recommending Department: Real Estate & Development LSR No: 11020,
11041
Resolution -- Authorizing the Submission of an Application to the

Environmental Protection Agency for a Brownfields Community-Wide
Petroleum Assessment Grant, and If Awarded, Authorizing the Mayor to
2. Impact: The approval and acceptance of the grant will provide funding to allow the
City of Irving to sustain the redevelopment efforts that have been initiated in
Heritage Crossing, the Texas Stadium area, and the Irving Boulevard Corridor.
3. The City of Irving has been selected to apply for a Brownfields Community-Wide
Petroleum Assessment Grant from the Environmental Protection Agency. This
grant provides for the city to be reimbursed for approved services in the total
amount of $200,000.00.
4. The grant will be used to secure Phase I and Phase II environmental services to
assess environmental conditions associated with petroleum substances.
5. The grant is for the period of June 24, 2010 through September 30, 2012.
6. Funding in an amount not to exceed $200,000.00 is available in the Miscellaneous
Grants Fund.
Recommendation
Contract Required: Yes Review Completed By: J. Richie, S. Pedregon
ATTACHMENTS:
A. EPA Brownfields Assessment Grant - Selection Letter (PDF)
B. RES - EPA Brownfields Assessment Grant - Application Submittal (PDF)

2072-2904-56401-9198 Budgeted: $200,000.00 Actual: $200,000.00
Budget Adjustment Required: Yes - to establish revenue and expenditure accounts
Prepared: 6/3/2010 01:09 PM by Rachel Garza
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Last Updated: 6/17/2010 05:12 PM by Cynthia Castro
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CITY OF IRVING

SECTION I. THAT the City Council hereby authorizes submission of an application to the
Environmental Protection Agency for a Brownfields Community-Wide Petroleum
Assessment Grant in the amount of $200,000.00 for environmental assessment
services, and the Mayor is authorized to execute the required application forms.
SECTION II. THAT the City Council hereby approves, if awarded, the acceptance of the
Brownfields Community-Wide Petroleum Assessment Grant funding and authorizes
the Mayor to execute an agreement with the Environmental Protection Agency for
receipt of said funds, upon the approval of the agreement by the City Attorney.
SECTION III. THAT the grant will be paid on a reimbursement basis for a total of $200,000.00 that
will be charged to Account No. 2072-2904-56401-9198.
__________________________________
Max S. Duplant, CPA
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on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3401

Recommending Department: Irving Convention & Visitors Bureau LSR No: 10868
Resolution -- Approving Dallas County Utility and Reclamation District

(DCURD) Raw Water Sale Contract for the Irving Convention Center
1. This item supports Strategic Goal No. 3 Economic Development.
2. Impact: This agreement relative to the construction and operations of the Irving
Convention Center will impact the ongoing overall operating efficiency of the
building and LEED certification level.
3. This agreement confirms the consumption of untreated water being furnished by the
Dallas County Utility and Reclamation District to the new Irving Convention Center.
The ICC will utilize untreated lake water for exterior irrigation of trees and plantings,
flushing of water closets and urinals within the restrooms (after onsite treatment),
and provide the water supply for the building’s HVAC cooling tower.
4. In order to provide the untreated water to the ICC at the required pressure and flow,
the District will be required to install a new submerged pump station in the waterway
adjacent to existing Pump Station No. 3 at an estimated cost not to exceed
$70,000.00. In addition, the District will be compensated for all costs for a Point of
Delivery meter, including, but not limited to, the meter, installation, maintenance,
and repair, thereof, in an amount not to exceed $6,000.00.
5. The building project engineer estimates the use of the untreated water could save
as much as 19 million gallons of conventionally treated drinking water per year,
resulting in a savings of as much as $45,000.00 per year.
6. The total not to exceed amount necessary is $76,000.00; sufficient funding is
available and the overall project budget remains unchanged.
7. Funding in the amount of $76,000.00 is available in the Convention Center
Construction Bond Fund.
Recommendation
Previous Action: Council Action:
.
ATTACHMENTS:
A. RES Raw Water Sale Contract (PDF)
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4002-1001-71101-908049 Budget: $76,000.00 Actual: $76,000.00
Prepared: 6/8/2010 09:26 AM by Jane Kilburn
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CITY OF IRVING
WHEREAS, the construction of the Irving Convention center promotes tourism and the
convention and hotel industry;

IRVING, TEXAS:
SECTION I. THAT the City Council hereby approves the attached Raw Water Sale Contract
between the City of Irving and Dallas County Utility and Reclamation District that
confirms the consumption of untreated water being furnished by the District to the
new Irving Convention Center and the installation of a new submerged pump station
necessary to provide the water and a Point of Delivery meter in the amount of
$76,000.00, and the Mayor is authorized to execute said agreement.
__________________________________
Max S. Duplant, CPA
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on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3392

Recommending Department: Information Technology LSR No: 11021
Resolution -- Approving the Agreement with Sprint Solutions, Inc., for

Cellular Services through the State of Texas Department of Information
Resources (DIR) Program
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 6: Effective
Communication.
3. Impact: With this service, critical communications will continue for the Police and
Fire Department employees (including medical information being submitted via cell
phone to the hospitals regarding patients), and for the City’s Parks and Building
Services field employees.
4. This award establishes an annual contract for the continuation of providing service
for approximately 160 cell phones and approximately 230 broadband aircards for a
total estimate of 390 cell devices.
5. Funding in the net estimated amount of $90,000.00 for the period of May 1, 2010,
through September 30, 2010; in the net estimated amount of $216,000.00 for the
period of October 1, 2010, through September 30, 2011; in the net estimated
amount of $216,000.00 for the period of October 1, 2011, through September 30,
2012; and in the net estimated amount of $126,000.00 for the period of October 1,
2012, through April 30, 2013, is available in the General Fund, subject to funds
being appropriated in Fiscal Years 2010-11, 2011-12, and 2012-13.
Recommendation
Contract Required: No. Reviewed DIR contract. Review Completed By: Carrie J. Morris
Comments: The award for #185D-10F in the net estimated amount of $648,000.00 is for
three years, in which the City will be billed monthly for actual charges.

1001-2310-56101-100 Budget: $90,000.00 Est. Award: $90,000.00
P0186572
Prepared: 6/3/2010 05:00 PM by Darlene Rush
Last Updated: 6/16/2010 01:53 PM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the agreement with Sprint Solutions, Inc., in
the net estimated amount of $90,000.00 for the period of May 1, 2010, through
October 1, 2010, through September 30, 2011; in the net estimated amount of
$216,000.00 for the period of October 1, 2011, through September 30, 2012; and in
the net estimated amount of $126,000.00 for the period of October 1, 2012, through
April 30, 2013, subject to funds being appropriated in Fiscal Years 2010-11, 2011-12,
and 2012-13 for Cellular Services, through the State of Texas Department of
Information Resources (DIR), and awards the contract to said company in said
amount, and authorizes the Mayor to execute any necessary contract.
__________________________________
Max S. Duplant, CPA
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on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 235

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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3226

Recommending Department: Information Technology LSR No: N/A
Resolution -- Renewing the Annual Contract with Convergint Technologies

for the LENEL Security Systems Hardware Support Services
1. This item supports Strategic Goals No. 4: Safe and Secure City and No. 9:
Infrastructure Network.
3. Impact: The City will maintain a high level of security through this contract for
service, upgrades, and parts for the City’s security systems that provide security
access, control, and surveillance for various City buildings. Purchasing negotiated
an additional discount for parts for the new renewal period.
4. This renewal establishes the continuation of an annual contract to provide hardware
support and consulting services for the City’s LENEL security systems. The original
contract was awarded on the basis of competitive proposals.
5. Funding in the net amount of $350,000.00 for the period of May 1, 2010, through
October 1, 2010, through September 30, 2011; and in the net estimated amount of
$150,000.00 for the period of October 1, 2011, through April 30, 2012, is available
primarily in the Technology Fund, subject to funds being appropriated in Fiscal
Years 2010-11 and 2011-12.
Recommendation
Contract Required: N/A Review Completed By: N/A
Previous Action: 4-3-08-141(F) Council Action: Approved award
Comments: Service provided by the vendor is good; pricing remains competitive; and pricing remains
the same with the exception of an additional discount for parts. This is the only renewal option for
#110D-10F in the total net estimated amount of $650,000.00 for two years.

6036-2310-521013-100 Budget: $300,000.00 Est. Award: $300,000.00
Various Acccounts Budget: $ 50,000.00 Est. Award: $ 50,000.00
Purchase orders will be issued as needed for annual contract.
Last Updated: 6/9/2010 09:59 AM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby renews the annual contract with Convergint
Technologies in the net estimated amount of $350,000.00 for the period of May 1,
2010, through September 30, 2010; in the net estimated amount of $150,000.00 for
the period of October 1, 2010, through September 30, 2011; and in the net estimated
amount of $150,000.00 for the period of October 1, 2011, through April 30, 2012,
subject to funds being appropriated in Fiscal Years 2010-11 and 2011-12, for LENEL
Security Systems Hardware and Software Support Services, and awards the renewal
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. 6036-2310-521013-100 in
the net estimated amount of $300,000.00 and to various accounts in the net estimated
amount of $50,000.00.

__________________________________
Max S. Duplant, CPA
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on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3395

Recommending Department: Real Estate & Development LSR No: N/A
Resolution -- Approving the Annual Professional Services Agreement with

LCA Environmental, Inc., for Environmental Assessment Services
2. This item has been recommended by Real Estate Services.
3. Impact: This agreement will enable staff to ensure compliance with state and
federal environmental regulations when acquiring, remediating, and/or demolishing
property.
4. On May 13, 2010, the City Council passed Resolution 2010-112 which authorized
staff to negotiate a professional services contract with LCA Environmental, Inc., for
these services.
5. This annual contract establishes the schedule of charges to be incurred by the City
for comprehensive asbestos surveys, lead paint surveys, abatement specification
development and project management services, property condition surveys, indoor
air quality testing, wetland surveys, environmental services related to underground
storage tanks, and other property acquisition environmental services.
6. The services under this contract are authorized on a project-by-project basis within
a specific scope, upon verification of available project funding.
7. Minority- and/or Women-owned Business Enterprises (M/WBE) participation on this
award is 100%.
8. Funding in the net estimated amount of $80,000.00 for the period of June 24, 2010,
through September 30, 2010, and in the net estimated amount of $200,000.00 for
the period of October 1, 2010, through June 23, 2011, is available in various funds,
subject to funds being appropriated in Fiscal Year 2010-11.
Recommendation
Contract Required: Yes Review Completed By: City’s Standard Professional
Services Agreement
Previous Action: RES-2010-112 Council Action: Authorization to Negotiate Contract
Comments: The award for #102E-10F is in the total net estimated amount of $280,000.00
for one year with two renewal options.
ATTACHMENTS:
RES Professional Services Agreement (PDF)
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Various Projects Budget: $80,000.00 Est. Award: $80,000.00
Purchase orders will be issued as needed for annual contract.
Last Updated: 6/15/2010 02:43 PM by Darlene Rush
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CITY OF IRVING

SECTION I. THAT the City Council hereby approves the attached annual professional services
agreement between the City of Irving and LCA Environmental, Inc., in the net
estimated amount of $80,000.00 for the period of June 24, 2010, through
September 30, 2010, and in the net estimated amount of $200,000.00 for the period of
October 1, 2010, through June 23, 2011, subject to funds being appropriated in Fiscal
Year 2010-11, for Environmental Assessment Services, and the Mayor is authorized
to execute said agreement.
SECTION II. THAT this expenditure shall be charged to various funds on a project-by-project
basis.
__________________________________
Max S. Duplant, CPA
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
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Attachment: RES Professional Services Agreement (3395 : 30P29 Awd Annual Prof Svcs for Environment Assess.)
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AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3408

Recommending Department: Irving Arts Center LSR No: N/A
Resolution -- Rejecting the Proposals for Museum Retail Store Consultant

2. This item has been recommended by Irving Arts Center.
3. Impact: This will allow the City to seek more detailed proposals to provide the
services required for the scope of this project.
4. The intent of this proposal was to obtain a full-service museum store consultant
and/or consulting agency that can provide a variety of services for the development
and management of a gift shop to be operated by City staff and/or volunteers in
conjunction with Genghis Khan: The Exhibition, at the Irving Arts Center June 1 to
September 30, 2011.
5. The City advertised this RFP in compliance with state law and also sent emails to
229 vendors. Two proposals were received from Hinojosa, Architecture & Interiors,
P.L.L.C., and Mustard Design Architecture & Planning, LLP.
Recommendation
The resolution for rejection be approved.
Comments: The City is requesting rejection of both responses received on #166M-10F. City
staff will continue to explore various avenues to reach the desired outcome.
ATTACHMENTS:
Response Summary (PDF)

None
Prepared: 6/9/2010 10:12 AM by Marsha Hughes
Last Updated: 6/14/2010 01:36 PM by Marsha Hughes
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CITY OF IRVING

SECTION I. THAT the City Council hereby rejects any and all proposals relative to RFP
No. 166M-10F for Museum Retail Store Consultant.
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 272

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Response Summary
RFP Name: Museum Retail Store
RFP Number: 166M-10F
RFP Closing Date: June 04, 2010
Attachment: Response Summary (3408 : 30P49 REJ Museum Store Consultant)

Purchasing Agent: Marsha Hughes
Hinohosa, Architecture & Interiors, P.L.L.C.

Mustard Design Architecture & Planning, LLP
Thinking Outside the Square - No Bid
Proposals will be evaluated and a recommendation will be made for award. Information, other than names of responders,
becomes public record upon award.
Packet Pg. 273

a
Packet Pg. 274

Attachment: ZoningCases&CompanionItems (3426 : ZCaseAndCompItem)
21
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3406

Recommending Department: Planning & Inspections LSR No: N/A
Resolution -- Approving Sign Variance #S1005-0024 - to Allow for Non-

Street Facing Wall Signs at 2515 W. Airport Freeway - Consolidated
Development Services/Whataburger, Applicant - MSC-1 LTD, Owner
2. Impact: This sign variance will enhance the signage for a new business on State
Highway 183 by improving the visibility within the shopping center without any
negative impacts on State Highway 183.
3. Whataburger Restaurants is proposing to demolish a vacant building and construct
a new restaurant at 2515 W. Airport Freeway. The location is a pad site that has
buildings on either side of and behind the proposed new building. An access
driveway that connects several properties in the retail center runs behind the
subject property. The applicant has agreed to develop the restaurant in
conformance with the proposed State Highway 183 Overlay, with most of the
parking located to the side of the building and a 30 ft. deep landscape buffer along
Airport Freeway.
4. The applicant requests approval to install a 46.25 square foot wall sign on the west
wall, and two additional signs measuring 6.33 square feet and 25 square feet (31.33
square feet combined) on the north wall. These signs would not face a public street.
The applicant also has two wall signs on the south façade measuring a combined
31.33 square feet facing State Highway 183. The total square footage of all wall
signs is 108.91 square feet, less than 1/3 of the 388 square feet allowed for wall
signs on the front (south) elevation by ordinance.
5. 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.
6. The sign on the west façade does not face a public street, but it is over a primary
customer entrance to the establishment as a result of the parking area being on the
west side of the property. Since the sign is over a customer entrance, staff can
support this request.
7. The signs on the north façade do not face a public street; however, they do face a
cross access easement that covers the length of the shopping center and connects
to adjacent properties to the east and west. The additional signage is not visible to
any residential properties north of the site. Since the additional signage faces an
internal cross access easement that serves multiple properties, staff can support
this request as well.
8. Section 7-22 of the Land Development Code authorizes the City Council to grant a
Packet Pg. 275

21
variance to the sign regulations.
Recommendation
ATTACHMENTS:
A: RES "Exhibit A" Legal Description (PDF)
B: Letterof Explanation (PDF)
C: Proposed Exterior Materials (PDF)
D: Elevation Drawing 1 (PDF)
E: Elevation Drawing 2 (PDF)
F: Site Plan (PDF)
G: Sign Variance Application (PDF)

NONE
Prepared: 6/8/2010 04:25 PM by Sharon Brown
Last Updated: 6/17/2010 06:24 PM by Steven Reed
Packet Pg. 276

21
CITY OF IRVING
WHEREAS, the City Council of the City of Irving has reviewed an application under Section
7-22 of Chapter 7 of the Irving Land Development Code for a variance to the City of Irving's sign
ordinance; and
WHEREAS, the City Council has conducted a public hearing to take testimony on the
advisability and wisdom of granting the variance requested; and
WHEREAS, the City Council finds that granting the variance requested will not compromise
the public health, safety, welfare, and morals of the City of Irving, nor will the variance requested
contribute to visual blight nor obscure unreasonably visual amenities such as landscaping, architecture,
and other amenities; and
WHEREAS, the limited variance granted herein will not contribute to uncontrolled number,
size, spacing, heights, setbacks, or illumination of signs, nor damage the aesthetic appeal of the City of
Irving in its residential, business, commercial, and industrial districts;

IRVING, TEXAS:
SECTION I. THAT the application for a sign variance by Consolidated Development Services,
Applicant for MSC-1 LTD, Owner, Sign Variance Case No. S1005-0024, located at
2515 West Airport Freeway and more particularly described in Exhibit A, attached
hereto, to allow for signage on more than the one frontage facing State Highway 183,
as shown on Exhibit B, is hereby approved.
SECTION II. THAT the approved signage shall be in accordance with Exhibits C, D, E and F,
attached hereto.
SECTION III. THAT the effect of this variance shall be that the owner or lessee of the property
described in Section I shall still be subject to all the requirements of Chapter 7 of the
Irving Land Development Code. However, it shall be an affirmative defense to a
prosecution under Chapter 7 of the Irving Land Development Code if the violations
alleged are specifically authorized by this resolution.
Packet Pg. 277

21
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 278

Print With Map 21.a
EXHIBIT A
Attachment: A: RES "Exhibit A" Legal Description (3406 : 11 - APR Sign Variance S1005-0024)
IIMsc-1 LTO I
I 1% SU COMPANY I
14336 LEMMON AVB I
IDALLASTX I
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P==~=====~:=:::i:::!========11r-7s-21-92-7-0.5-------1
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?==~~~========I""'-- ------'I
_. "~OOS035875290011152005 C().
~~~~6========113180500100000 lCI3880S001
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II
Packet Pg. 279

http://srvch.gisapp2/CityMapApp.Web/PrintldentifyResults_Map.aspx?map=bitmap&feat... 5/13/2010
21.a
EXHIBIT A
1s11llET_DIDCI'ION Ilw ,
I8TRE!T NAME IIAIRPORT
ISTUET..IVFF. IlfWY
11OTAL_LAND_VALlIE 11742260
JSPECIAL,,488lSlM1NT ALUE =" 110
ITOTAL.JMPIlOVEM'INT..VALVE 11257740
ITOtAL_MAUlT VALUE 11100000o
~ITY_TAXAILE_"ALV!
Attachment: A: RES "Exhibit A" Legal Description (3406 : 11 - APR Sign Variance S1005-0024)
111000000
IIPTi..
CLASI_CODE IIFlo
I8HAPI \14800
Disclai",er/Limitation ofLiability: AI/ data, specifically including the geographic dauz herein are
~r(J\lided "as is" without warranty ojany lUnd, eiJhu expressed or implied, or statutory, including,
,but nol limited to, the ;mpliedwarranties ofmerchan/ability andfiJnessfor Qparticular
lpurpose. The user assumes the entire risk ~. to the quality Qndpeiformance ofthe data
Packet Pg. 280

21.b
~CDS
Consolidated Development Services
City of Irving Building Department May 12, 20tO

Sign Inspections Division
825 Irving Boulevard
Irving, TX 75060
Re: Whataburger Sign Variance:
Mr. Russel!:
Attachment: B: Letterof Explanation (3406 : 11 - APR Sign Variance S1005-0024)

Whataburger is requesting a signage variance for the property located at 2515 West
Airport Freev.'ay. The site is currently an abandoned Luby's cafeteria that Whataburgcr
proposes to raze the existing building and construct a new building on the site utilizing
their national sign age package.
Currently the City's Sign Ordinance limits building signage to anI)' the front
fayade which, in this case, faces Hwy 183; however, it does not limit the ol/erall allowed
square footage for the building (25% of the total front fayade area). I believe the intent of
the City's Sign Ordinance is to limit the number of signs per building in an attempt to de
clutter new buildiugs. The proposed siguage variance by Whatahurger, while having
signagc on three (3) sides of the building, is still well below the allowed signage square
footage for the one fayade. The allowed square footage for the proposed Whataburger is
approximately 388 sf (97' long x 16' avg. height = 1552 sfx 25% = 388 sf) and the total
square footage for the signage variance is approximately 109 square feet. Even with
signage on the additional faeades, the building is still keeping with the intent of the City's
Sign Ordinance by keeping the overall signage on the building to a minimum.
The surrounding properties will not be adversely affected by the additional
signage since it is only adding approximately 78 square feet to the O\'erall signage total.
The additional signage would aetually be beneficial to the surrounding properties in that
potential customers traveling from the north would be able to quickly identify the
location of \Vhataburger as they navigate through the development without having to
fra'\'el to all the way to the Rwy 183 side of the site. With the knowledge that they can
drive through the development to get to Whataburger the potential customers would then
be exposed to the other businesses. Also the additional signage locations would increase
public safety siuce customers would spend less time tryiug to locate Whataburger ......ithin
the development and spend more time concentrating on successfully navigating through
traffic.
The additional signage locations on the building will also keep Whataburger from
being at a competitive disadvantage with Burger King located immediately to the west of
the proposed locatiou. Burger King has signage on multiple sides and Whataburger is
looking for signage on multiple sides as well in order to compete on a level playing field.
It is understood that Burger King may be demolished once TxDOT proceeds with their
planned expansion ofRwy 183 but that may be 5 -10 years away, or longer.
Sincerely,
Stan DeMille
CDS - COllsolidawJ De\;elopm .. nt S..rdr.es
14ttO Dallas Parkv.'ay· Suite 250· Dallas, TX· 75240
Phone: (972)850-081.6 • Fa:.::: (469)9]6-5375
Packet Pg. 281
21.b
Exhibit B: Additional Information

Wall Sign Approved Sizes:
• South elevation: 6.33 square feet and 25 square feet (31.33 square feet combined)
• West elevation: 46.25 square feet.
• North elevation: 6.33 square feet and 25 square feet (31.33 square feet combined)
• Total square footage of wall signs: 108.91 square feet
Attachment: B: Letterof Explanation (3406 : 11 - APR Sign Variance S1005-0024)
Packet Pg. 282

21.c
..
r-------------------------------,
C-10RANGE
Attachment: C: Proposed Exterior Materials (3406 : 11 - APR Sign Variance S1005-0024)

C-2 WHITE
C-6 ICI - #469

C-5 STONE - "ARRISCRAFT PECAN" "ENGLISH COTIAGE"
COLOR TO MATCH C-5 STONE
I WHATABURGER
IrvHlg. TX,
04-07- )0
l'roposcd ExlCJ:ior Materials

GHAArchlLeclure I Oeve'opmentlID
14110 Dallas Par.way SuitB 3QO
Dallas, Texas 75254 972,2395384
"
AI
L...-_-J
Packet Pg. 283

21.d
.--------------------------------,
Attachment: D: Elevation Drawing 1 (3406 : 11 - APR Sign Variance S1005-0024)

FRONT ELEVATION
....--.-....
~=Io..&..-"=="---'-=-=-~-- .--.-~
DRIVE THRU ELEVATION
WHATABURGER
Irving. TX.
04-07-10
Proposed Exterior
GHAArchitecture I Developmenl
14110 DaJhlSIPar1<way Suile 300
D~llas. Texas 75254 972.239.8!lM
BI A I
Packet Pg. 284

21.e
-------------------------------,
Attachment: E: Elevation Drawing 2 (3406 : 11 - APR Sign Variance S1005-0024)

REAR ELEVATION
~ ..
ENTRANCE ELEVATION
WHATABURGER
Irving. TX.
04-07-10
Proposed Exterior
GHA Archilecture I Oevelopmenl
14110 Dallas Parkway SUite 300
Dallas, Texas 75254' 972 239 8Bll4
l1li A I
Packet Pg. 285

21.f
_.-.
-- ~~~-- _.
"'=a~
-
,.
- .-----..... ~,,
Attachment: F: Site Plan (3406 : 11 - APR Sign Variance S1005-0024)

WNAfABUR
A LE~;!\'PH
.• 'j
._,
(0'::' _ ~
W+E
PYLqN SIQN
~!" ••.. ,.~
Packet Pg. 286

21.g
S'i'gn Variance and Special Sign Permit Application

City of Irving Planning and Inspections Department
I RV IN G Select Application Type

T E X A 5 }!(sign Variance (heigilt, area, setbaCk, and/or materials) 0 Special Sign Permit (Digita/5ign) 0 Both
DESIGNATED PRIMARY CONTACT

(select ONE):
Attachment: G: Sign Variance Application (3406 : 11 - APR Sign Variance S1005-0024)

~APPlicant
I:] Property Owner
I:] Sign Company
PROPERTY OWNI'R
Contact Name: TBD _
Business Name :-=H,-",-'(/:::..I.,....._"....I--"T-"'---L-I:::.-.~:;----:,--_
Address: .#lit
klJ-iV? ,l
Phone: Fax: _ _ Fax: _
Email:
Signatu:r:e~:=tt;:"J11.i.-:=ji77j7J].;:=======---
,.
PROPERTY LOCATION
Address: 'kJj'/5 ~,.'tS+ fu(l.fD{LT F1tif.WA( IUIJG I n 7?'D~'l--
Location on building (if applicable): _
Submittal Checklist: Sign Variance Submittal Checklist: Special Sign Permit

l!J Scaled drawing of the sign face and sign structure o Scaled drawing of the sign face and sign structure
or building elevation, along with any landscaping or building elevation, along with any landscaping
to be at the base of the sign or other architectural to be at the base of the sign or other architectural
enhancements enhancements.
~ Scaled site plan showing the location of the sign on o Scaled site plan showing the location of the sign on
the property the property
~ Signed statement (attached) o Letter stating the reasons/justification for the spe
..lSV" Letter stating how the proposed variance cial sign permit, including:
1. Does not violate the intent of Chapter 7 1. A statement as to why a digital sign is
2. Does not adversely affect surrounding needed
properties 2. A statement explaining how the digital
3. Does not adversely affect public safety sign is an enhancement over a non-digital
4. Is necessary due to special conditions sign to the rest of the community.
o
tr
unique to this applicant or property The statements on the attached page shall be in
M Specify the exact nature of the variance: cluded on the sign drawing, or explain in a letter
lt
OW ~ C ~'-1 ~~ . $" '" why such statements have not been included on
the plan.
~ Specify the portion of Chapter 7 (Signs) for which a

variance is bejn~ reQ..Uested: ,
PermitTrak 10: ........;:~ ........~-=---
Application F
...
- -r------';:"".-......
~t.<:./ 1,-:S l lAd Wet 1'1\1\<;;

Date:
For questions, please contact JaSOn Russell at (972) 721-4897. Rev. 04.27.2010
Packet Pg. 287

21.g
Sign Variance:
The foHowing shall be signed by the APPLICANT:
1/ ~ 't t-I\
I klJi:.- , understand that a variance to the height, area,
setback, and/or material regulations as provided in Chapter 7 of the City of Irving Land Devel
opment Code shall not be granted to relieve a self-created or personal hardship, nor shall it be
based solely on economic gain or loss.
Signature:~ti1m..a--
Attachment: G: Sign Variance Application (3406 : 11 - APR Sign Variance S1005-0024)

Date: __ 'o~ f-1.:. . :1'/r'-J/,- ~- - =-1-,-() _
I
Special Sign !Pelimit (Digital Signs):

'Place the following notes on the sign draWing submitted with this application. If the applicant does not agree
to any of the following stipulations, explain in the letter submitted with this application why any of the follow
ing statements have not been included on the plan:
1. Per Section 7-3.1(b)(2), the sign:

A. Shall not display any illumination by flashing, intermittent or moving lights;
8. Shall not contain or display animated, moving video or scrolling elements;
C. Shall not project a static image upon a stationary object.
2. Per Section 7-3.1(b)(3), the digital sign face shall be visible from only one direction of traffic.
3. Per Section 7-3.1(b)(4), the sign:

A. Shall display each message a minimum of 8 seconds;
B. Shall accomplish a change of message within a maximum of 2 seconds.
3. Per Section 7-3.1(b)(5), a change of message must occur simultaneously on the entire sign face.
4. Per Section 7-3.1(b)(6), the sign shall contain a default design mechanism that freezes the sign in
one position if a malfunction occurs.
S. Per Section 7-3.1(b)(7), the sign shall automatically adjust the intensity of its display brightness
according to natural ambient light conditions.
For questions, please contact Jason Russell at (972) 721-4897. Rev. 04.27.2010
Packet Pg. 288

22
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3409

Resolution -- Approving Special Fence Plan #ZC10-0008 to Allow a

Variance to the Fence Ordinance to Use Electrically Charged Fences -
Located at 3100 South Belt Line Road - Sentry Security Systems, Applicant
- FedEx Freight East Inc., Owner
2. Planning and Zoning Commission Hearing Date and Action: May 17, 2010 – Denial
9-0. The applicant has appealed that decision to the City Council.
3. The applicant requests a variance from Sec. 15-15, Use of barbed wire or
electrically charged fences, of the Land Development Code, which does not allow
an electric fence. The applicant is proposing to install an electric fence on the
property line on the perimeter of the facility.
4. The property is developed as a trucking terminal with warehouses and truck
storage. Seven-foot chain link fences surround all four sides of the property. The
applicant requests a variance to install an electric security fence four to six inches
inside the existing metal security fence.
5. The requested fence consists of 10-foot tall metal poles located in the ground
of wire. The fence will be energized by a 12-volt car battery and connected to solar
operator will automatically be dialed, and the intruder will receive a “low-level but
unpleasant shock”.
6. The Fire Department cannot support a new electric fence in the City. There is a
marshal).
7. In addition, staff is concerned about the appearance of an electric fence at a
8. If this request is approved, a fence permit must be obtained prior to construction.
9. Seventeen notices were mailed with one comment form received in opposition.
Recommendation
Packet Pg. 289

22
The resolution be denied.
ATTACHMENTS:
B: May 17, 2010 Planning and Zoning Meeting Minutes (PDF)
C: Vicinity Map (PDF)
D: Surrounding Zoning Map (PDF)
E: Property Owner Notification Map and List (PDF)
F: Memo from Dana Lubke, Assistant Fire Marshal (PDF)
I: Electric Guard Dog Brochure (PDF)
A: City Council Memo (PDF)
G: Site Plan (PDF)
H: Public Comment Form in Opposition (PDF)

NONE
Packet Pg. 290

22
CITY OF IRVING
WHEREAS, the City Council has reviewed an application under Section 52-55 of Zoning
Ordinance No. 1144, the comprehensive zoning ordinance of the City of Irving, Texas, and Chapter 15
of the Irving Land Development Code for a special fence project plan in order to seek a variance to the
requirements of the City of Irving’s fence ordinance; and
WHEREAS, the City Council has conducted a public hearing to take testimony on the
advisability and wisdom of granting the variance requested; and
WHEREAS, the City Council finds that granting the variance requested will not compromise
the public health, safety, welfare, and morals of the City of Irving;

IRVING, TEXAS:
SECTION I. THAT the application for a special fence project plan filed by Sentry Security
Systems, Applicant, for FedEx Freight East Inc., Owner, Special Fence Project Plan
No. ZC10-0008, located at 3100 South Belt Line Road on land described in Exhibit
A, attached hereto, for a variance to use an electrically charge fence on the property
line on the perimeter of the facility, as shown on Exhibit B, attached hereto, is hereby
approved.
SECTION II. THAT the effect of this special fence project plan shall be that the owner or lessee of
the property described in Section I shall be subject to all the requirements of Chapter
15 of the Irving Land Development Code; however, it shall be an affirmative defense
to a prosecution under Chapter 15 of the Irving Land Development Code, if the
violations alleged are specifically authorized by this resolution.
Packet Pg. 291

22
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 292

22.a
SPECIAL FENCE PROJECT PLAN #ZC1 0-0008, SENTRY SECURITY SYSTEMS, APPLICANT, REQUESTS A VARIANCE
FROM CHAPTER 15 OF THE LAND DEVELOPMENT CODE, USE OF BARBED WIRE OR ELECTRICALLY CHARGED
FENCES, TO ALLOW AN ELECTRIC FENCE ON THE PROPERTY LINE. THIS PROPERTY IS LOCATED AT 3100 S. BELT
LINE ROAD.
FINAL ACTION By THE PLANNING & ZONING COMMISSiON
Chairman Palmer read the item into the record.
Cindy Vaughan with Sentry Security Systems, applicanl, gave an overview of the proposed request.
Attachment: B: May 17, 2010 Planning and Zoning Meeting Minutes (3409 : 11 - ZC10-0008)
Chairman Palmer called for individuals wishing to speak in favor of this item. He then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item.
Discussion was closed to the floor and returned to the Commission for their consideration and a motion.
Commissioner Tannehill aSked that if the electricaJly charged fence is not an exterior fence, but an interior
fence, does Ihe proposed installation meet the code? Kuruvilla Oommen, Deputy City Attorney, replied
thai the interpretation for the definition of the proposed electrically charged fence does come under the
fence ordinance regulations.
Commissioner Tannehill asked if there were any FeclEx representatives present. There were none
present. Ms. Vaughan responded that Sentry Security Systems would continue to own the fence once
installed.
Commissioner Randall asked how the perimeter is monitored and reponed. Ms. Vaughan explained thal
an alarm occurs whenever there is a drop in vo"age.
Commissioner Tannehill commented on the intent of lh e ordinance to prevent innocent part ies from being
harmed. Based on Ihe applicant's overview, does the inslallation as presented meet the intent of the
ordinance?
Gary Miller, Planning and Inspections Director, responded that that any kind of electrically charged fence
is prohibited within the City of Irving. Brenda McDonald, Real Estate and Development Director,
commenled that a recent case involving an electrically charged fenCe within a perimeter fence was
denied due to proximity to residential property.
Ms. Vaughan responded that Ihere are several solutions to address residential neighbors inclUding zoning
specific areas of the fence to not be charged and further commented that the shock is a pulsed shock
from a 12-vo"- battery.
Steve Reed addressed the perception that an electric fence identifies a high crime area and impacts
aesthetics.
Ms. Vaughan responded thal their electric fence allows for the removal of razor wire and the appearance
blends with the chain link fence.
Vice-Chainnan Zapanla aSked if the concept of the security syslem was to deter crime and aclivate an
alarm. Ms. Vaughan responded the purpose of the electrically charged fence is actually to deter crime.
Vice-Chainnan Zapanla asked aboul fire on the premises and Ihe safety of fire department personnel.
Ms. Vaughan responded that the Knox box swilch allowed for the power 10 be cut.
Commissioner Allen asked about the national contract Sentry Securtty Systems has with FedEx. and
inquired if this request is part of that initiative or if this request is addressing specifics to this location. Ms.
Vaughan responded that she did not have criminal statistics for this particular location. Commissioner
Allen expressed concern that the posting of electrified fence signs would negatively impact the perception
Planning and Zoning Commission Minutes May 17,2010 Page,

Packet Pg. 293
22.a
of lt1e area and deter redevelopment efforts. Ms. Vaugt1an responded tt1al the electrified fence would
allow for tt1e removal of razor wire,
Vice-Ct1airman Zapanla moved to deny item #3, ZCtO-Oooa. Secretary Randall seconded the motion.
Ct1airman Palmer recognized the motion on the noor. There was no discussion of the motion. The
motion carried unanimously,
Steve Reed, Planning Manager, advised the applicant ofthe appeal process,
Attachment: B: May 17, 2010 Planning and Zoning Meeting Minutes (3409 : 11 - ZC10-0008)
Ayes: David Palmer. AI Zapanta, Michael Randall. Chris Allen. Eugenia Foust. Douglas Gregory,
Robert LaRose, Tom Tannehill
Absent: John Fischer
Discussion time: 34 minules
Planning and Zoning Commission Minutes Mav 17! 2010 Page 6

Packet Pg. 294
22.b
Attachment: C: Vicinity Map (3409 : 11 - ZC10-0008)

VIcinity Map
Zoning Case City of Irving
No. lC10-0008
Packet Pg. 295

22.c
Attachment: D: Surrounding Zoning Map (3409 : 11 - ZC10-0008)

_ _ _ _ _ _........-.....1-- - ~ -I I
II
~_.-~
-2
J II
I
Surrounding Zoning Map

Zoning Case City of Irving DN
No. ZC10-0008
1 F",
~
I
Packet Pg. 296
22.d
Attachment: E: Property Owner Notification Map and List (3409 : 11 - ZC10-0008)

Property Under
Consideration
For Rezoning
200 Ft
Notification
Boundary
3
I I
is
I I
Property Owner Notification Map

Zoning Case City of Irving 6
N
No. ZC10-0008 L F'E'el
Dale M~r. 2. 2C1Q 250 500
Packet Pg. 297

22.d

11 OCAD ID Owner Name Address Line 11
1 6504706451,0120000 DEVILLE LB>NARD FRANCES
2 65047064510080000 MB..VIN L I
3 65086114010410100 RuaNE ROBERT & FAA NCI NE RUO NE

4!65086114010250000
- -
,DOWNS'MLLIAM E& MARY LOU
5 32551690010010000 .:RU[J NE ROBERT & 'FRANCINE RUONE
6 65086114010050000 KHALEEl. MOHAM ED
7 65086114010060000 SEYEDGHAND MOHAMMAD& MAHNAZ KHAVARI
8 320G751GOAOO10000 ARKANSAS FRSGlil'WA Y~ CORPORA nON
-
9 65086114010410000---- HARRINGTON CORPORAnONI -
10 65047064510070100 GRAFF STANLEY V
11 65086114010040000 KHAlEEl. MOHAM ED
12 85086114010070000 DOWNSWlLLlAM E& MARy'lOUI
13 65086114010240000 DOWNS MARY I,.
14 65086114010420100 AM ER!CAN FRBGHlWAYS CORP
15,65047064510110000 M,ORGANVIRGINA
16 65086114010420000 AM~CANFRBGKnNAYSCORP
11 65047064510090000 MORGAN VIRGINA
18 32535590000010000 AM ERICAN FRBGHlWAYS CORP !
19165122533010040300 ,KOCH OK ETAL
20 281249200100200001 GRAND PRAIRIE SPORTS DEV CORP INC
21 6507785011'0010000 - WFAVER EVB.. YN <,.,.11>
22 65077850110050000 TREMMAR FRBGHT Sl/C INC S"tJl-TE 2.Cll'
23 65077850110110000 HUNT JAMES AJR
24 65077850110030000 HUNT JAM ES AJR <Null>
25 65077850110040000 HUNT JAMES AJR <'tlIII>
26 65077850110090000 lWOC THRa;C INC &
Propeny Owner Notification List

Zoning Case
City of Irving
No. ZC 10~OOO8
Page 1 of 1 ::!I til
Packet Pg. 298

22.e
IRVING
T E X A 5
MEMO
Attachment: F: Memo from Dana Lubke, Assistant Fire Marshal (3409 : 11 - ZC10-0008)
To: Planning and Zoning Commission
From: Dana Lubke, Assistant Fire Marshal
Date: MaV 13, 2010

Subject: Electrified Fence Installation Request for FEDEX at 3100 S. Belt Une Road
In regards to the installation of an electrified fence, surrounding property in the city of Irving, the fire
department cannot support this for the followina reasons:
The use of an electrically charged fence is against The code of Civil and Criminal Ordinances of the City
of Irving.
Sec. 15-11. Use of barbed wire or electrically charged fences. It is unlawful for any person to erect,
maintain, or permit a fence that is electrically charged in any manner or form including but not limited
to those fences electrically charged by batter and those charged through a regular electrical outlet.
PoInt: The fence provide by Electric Guard Dog is powered by a battery that is charged by solar cells and
provides a painful shock.
Fire fighters have to think outside the norm when it Comes to access to property. Depending on the
placement of the fire and blockage of fire lanes. fences may be cut to allow fire department access.
Grass fires are an example of this access. The lofts fire is another example of out-of-the-norm access
problems.
Point: We understand that a Knox Key Switch can be placed at the gate to turn off the power to the
fence, however, a grass fire may happen at the rear of the property close to the side road and hJrning
off this switch would cause an unneeded delay_ We also have Mutual Aid agreements with surrounding
cities. These cities would not have the correct key to turn off this switch.
Citirens and fire fighters having to work around the eleCb"ified fence is a danger. An example of this
would be a car accident that leaves the road and lands against the fence.
Packet Pg. 299

22.e
Point: The care could be electrified causing delay in rescue efforts and possible danger to the
paramedics/firefighters working the accident. It is not that the shock itself is Iife·threatening but that it
could cause injury while power tools or cutting tools are being used. It might also delay set-up of \/ehicle
stabilization.
The electrified fence is protected from the outside by another fence but not from the inside. This
provides a safety net from the outside but car accidents happen inside the facility as well, where there is
no buffer.
Attachment: F: Memo from Dana Lubke, Assistant Fire Marshal (3409 : 11 - ZC10-0008)
Point: Working a car fire, ar accident, ar even fighting a structure fire the fire fighters have no
protection from backing into this fence from the inside.
Any electric appliance has the potential of causing fires. This appliance surrounds the entire property
and will have tall dry grass growing up next to it during the summer months.
Point: Safety devices built into the system may prevent, or reduce, this but it is an example of why the
ordinance waS first enacted and is still a consideration.
This fence will be trading thl" security of the property far the safety af citizens and fire department. This
security can be obtained in a less hazardous manner, by using cameras or private security personnel.
It is the recommendation of the Irving Fire Department that construction of electrified fencing not be
allowed in this city.
Dana Lubke
Assistant Fire Marshal
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22.f
Packet Pg. 301
Attachment: I: Electric Guard Dog Brochure (3409 : 11 - ZC10-0008)

22.f
Packet Pg. 302
Attachment: I: Electric Guard Dog Brochure (3409 : 11 - ZC10-0008)

22.g
City Council Agenda Item Summary
Special Fence Project Plan #ZC10-0008

Belt Line Road
Agenda Date: June 24, 2010
Case Manager: Stacy Day
Owner:
FedEx Freight
Applicant:
Sentry Security Systems
Location :
3100 S. Belt Line Road (northeast corner of Belt Line and Hunter
Ferrell Road)
Size:
53.16 acres
Attachment: A: City Council Memo (3409 : 11 - ZC10-0008)

Existing Zoning:
ML-20 (Light Industrial), S-P-2 (Generalized Site Plan) for
Notices mailed: 17
Responses in favor: a Responses opposed: 1
Case Summary
The applicant requests a variance from Sec. 15-15, Use of barbed wire or electrically
charged fences, of the Land Development Code, which does not allow an electric fence.
The applicant is proposing to install an electric fence on the property line on the
perimeter of the facility.
Staff Analysis
• The property is developed as a trucking terminal with warehouses and truck storage.
Seven-foot chain link fences surround all four sides of the property. The applicant
requests a variance to install an electric security fence four to six inches inside the
existing metal security fence .
• The requested fence consists of 10-foot tall metal poles located in the ground
of wire . The fence will be energized by a 12-volt car battery and connected to solar
operator will automatically be dialed, and the intruder will receive a "low-level but
unpleasant shock".
• The Fire Department cannot support a new electric fence in the City. There is a
marshal).
Department of Planning and Inspections Page 10f3
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22.g
Special Fence Project Plan ZC10-0008, cont.
• In addition, staff is concerned about the appearance of an electric fence at a

• If the City Council chooses to approve the proposed fence , staff recommends the
following stipulations be made:
1) All required landscaping be installed in front of the facility.
2) The electric fence must be composed of equipment that is Underwriters
Laboratory approved or approved by a laboratory testing to meet national
standards.
3) The electric fence shall be inspected and an evaluation completed by UL or
another national laboratory to confirm the electric system has been correctly

installed and does not present a danger to humans in any way.
4) The electric fence must be completely surrounded by a non-electrical fence or
wall.
5) The surrounding fence or wall shall be separated at least six (6) inches from the
electric fence.
6) Warning signs in English and Spanish must be displayed every fifty (50) feet.
7) The electric fence may not be installed within five (5) feet of any public
right-of-way.
8) The electric fence may not be less than three hundred (300) feet from a
residence, governmental building, public or private school, day care facility,
hospital, church, or park.
9) The applicant/owner/user/ agrees to indemnify, and to not hold the City
responsible for any injury or liability of any type.
10)That the applicant/owner/user carries liability insurance for injury and property
damage caused by the fence.
11)That the Special fence Project Plan be "filed with the Deed/Map records for Dallas
County so such covenants will run with the land.
These stipulations shall be met and the instrument filed with Dallas County prior
to a permit being issued and the system activated.
• Staff has asked the applicant to consider other options, such as installing the fence
only on three sides and not the front, but the applicant has not agreed .
• If this request is approved, a fence permit must be obtained prior to construction .

Packet Pg. 304
22.g
Special Fence Project Plan ZC10-0008, cant.
Planning and Zoning Commission Recommendation

On May 17, 2010, the Planning and Zoning Commission denied this request by a vote
of 9-0. The applicant has appealed the denial to the City Council.
Staff Recommendation
Denial.

Packet Pg. 305
22.h
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Attachment: G: Site Plan (3409 : 11 - ZC10-0008)

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Packet Pg. 306

22.i
PUBLIC COMMENT FORM

(Please type or use black ink)
Department of Planning and Inspections

PO Box 152288
Irving, Texas 75015 w2288
r am FOR the requested zoning as explained on the: attached public notice for Special
Attachment: H: Public Comment Form in Opposition (3409 : 11 - ZC10-0008)

Fence Project Plan ZClO w0008.
, -
*~ I am AGAli'iST the requested zoning as explained On the attached public notice for
Special Fence Project Plan ZC 10-0008.
Date, Location & Tim~ of:

PLANNING & ZONING
COMMISSION MEETING : Monday, May 17,2010, 7 p.m.
City Hall, 825 W. Irving Blvd.
Name:-~'--"-=---=----"-----~:"'-='-=---+---------'-""----="----
Address:
Irving Tax Account Number !)6 7 l y) -{.1 I / ttc; ..

(if shown on enclosed map): c I, ! {q;ltJ
Phone # (Optional):_~
Signature: }c_> i;. ;;~2&~~;-?;7 ~

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Date : )-' <].:./ If)
Please pro,vide ic o ~ m e n ts explaining the r~asons for your suppo~t or OPPoftion:
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: ~ tj:\nm~fll I>!
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Packet Pg. 307

23
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3405

Ordinance -- Zoning Case #ZC10-0021 - Granting S-P-1 (Detailed Site Plan)

for C-N (Neighborhood Commercial) and Outdoor Seating Uses -
Approximately 2,268 Square Feet Located at 3501 North Belt Line Road -
the Dimension Group, Applicant - Town North SC Partner, Ltd., Owner
2. Planning and Zoning Commission Hearing Date and Recommendation:
June 7, 2010 – Favorable, 7-0 (Commissioners Zapanta and Tannehill, absent).
3. The applicant is requesting to rezone the property to allow a restaurant to have
outdoor seating.
4. The applicant is proposing to allow a new restaurant the ability to have outdoor
5. The proposed site plan shows a 1,641 sq. ft. restaurant lease space with 29 seats
6. Since the outdoor seating area is limited and pedestrian pathways are not blocked,
staff can support the request.
7. Public notices were sent to five (5) property owners, with no letters in support or
opposition received.
Recommendation
The ordinance be adopted per the recommendation of the Planning and Zoning
Commission.
ATTACHMENTS:
• B: June 7, 2010 Planning and Zoning Meeting Minutes (PDF)
• C: Vicinity Map (PDF)
• D: Surrounding Zoning Map (PDF)
• E: Property Owner Notification Map and List(PDF)
• A: City Council Memo (PDF)
• F: Site Plan (PDF)
Packet Pg. 308

23

NONE
-2-
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23
ORDINANCE NO. (ID # 3405)
ZONING CASE NO. ZC10-0021

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 TOWN CENTRE
NORTH ADDITION AND LOCATED AT 3501 NORTH BELT LINE ROAD, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN
THE USE OF SAID PROPERTY FROM C-N NEIGHBORHOOD COMMERCIAL DISTRICT USE
UNDER ORDINANCE NO. 1144, AS AMENDED TO S-P-1 SITE PLAN DISTRICT USE FOR C-N
AND OUTDOOR SEATING 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
-1-
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23
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 outdoor seating 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 property described in the attached Exhibit A which is presently zoned C-
N Neighborhood Commercial District Use under Ordinance No. 1144, is changed to S-P-1 Site Plan
District Use for C-N and outdoor seating 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.
-2-
Packet Pg. 311
23
(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.
-3-
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23
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
-4-
Packet Pg. 313
23.a
ZONING CASE #ZC10-0021, TOWN NORTH SC PARTNER LTD., APPLICANT, REQUESTS A ZONING CHANGE FROM
C-N (NEIGHBORHOOD COMMERCIAL) DiSTRICT USES TO S-P-1 (DETAILED SITE PLAN' FOR C-N
(NEIGHBORHOOD COMMERCIAL) AND OUTDOOR SEATING USES. THIS PROPERTY IS LOCATED AT 3501 N BELT
LINE ROAD.
THIS CASE IS SCHEDULED FOR THE THURSDA Y, JUNE 24, 2010 CITY COUNCIL PUBLIC HEARING.
Chairman Palmer read the item into the record. He then called the applicant.
Mike Oxley, applicant's representative, gave an overview of the proposed request.
Attachment: B: June 7, 2010 Planning and Zoning Meeting Minutes (3405 : 11 - ZC10-0021)
Chairman Palmer called for individuals wishing to speak in favor of this item. He then called for
individuals wishing to speak in opposition. There was no one to speak in favor or opposition to this item.
Discussion was closed to the floor and returned to the Commission for their consideration and a motion.
Commissioner Foust moved to forward item #ZC10-0021 to the City Council with a favorable
recommendation. Secretary Randall and Commissioner Gregory seconded the motion.
Chairman Palmer recognized the motion on the floor. There was no discussion of the motion. The
motion carried unanimously.
Ayes: David Palmer, Michael Randall, John Fischer, Eugenia Foust, Douglas Gregory, Robert
LaRose, Chris Allen
Absent: AI Zapanta, Tom Tannehill
Discussion time: 3 minutes
There was no other business before the Commission and the meeling was adjourned at 7:12 p.m.
Planning and Zoning Commission Minutes June 7,2010 Page 5

Packet Pg. 314
23.b
Attachment: C: Vicinity Map (3405 : 11 - ZC10-0021)

Vicinity Map
No. ZC10-0021
Dalli- tolQY, 2". 2C U 6,500
I
13.QOO
Fe'"
Packet Pg. 315

23.c
I
,/
Attachment: D: Surrounding Zoning Map (3405 : 11 - ZC10-0021)

2
7
Surrounding Zoninl9! Map

No. lC10-0021 __ -=~~I Feel
58 100
Packet Pg. 316

23.d
--j
Property Under
Consideration

For Rezoning
2 5
200 Fl "--:=.==:;;:::~=-.1~~,-~----~_--J
Notification I
Boundary I
Property Owner Notification Map

Zoning Case
City of Irving
No. lC10-0021 ___==:::JI r,eo
Dale May 25 2010 50 100
Packet Pg. 317

23.d

• 1
I DeAD ID
325616100A0010000
I Owner Name
,MFOPPTIES LTD
I Address Line 1
%RAFAB. ORTEGA STE 110
2 32543300000050000 TOWNE NORTH SIC PARTNERS II LTD
3 320248000A0020000 BB.. TUNE VILLAGE PARTNERS %e.tmALDMGMT LLC
4 32543300000040000 iTOWNENORTHSC PTNRLTD STE1100WEST
5 323385200A02RDOOO KROGER Te:AS LP
Property Owner Notification List

City of Irving
Zoning Case
No. ZC10-0021
Page 1 of 1 Dat.. May, 26 2010
Packet Pg. 318

23.e
City Council Agenda Item Summary
Zoning Case #ZC1 0-0021

3501 N. Belt Line Road
Agenda Date: June 24, 2010
Case Manager: Sheba Ward
Owner:
Town North SC Partner, Ltd.
Applicant:
The Dimension Group
Location:
3501 N. Belt Line Road

Size:
Approximately 2,268 sq. ft.
Existing Zoning:
C-N (Neighborhood Commercial) uses
Requested Zoning:
S-P-1 (Detailed Site Plan) for C-N (Neighborhood Commercial) 'and
Outdoor seating uses
Notices mailed: 5
Responses in favor: 0 Responses opposed: 0
% vote required? No
Case Summary
The applicant is requesting to rezone the property to allow an existing restaurant to
have outdoor seating.
Staff Analysis
• The applicant is proposing to allow a Pizza Hut restaurant the ability to have outdoor
• The proposed site plan shows a 1,641 sq. ft. restaurant lease space with 29 seats
• Since the outdoor seating is limited and pedestrian pathways are not blocked, staff
can support the request.
Staff Recommendation
Approval.
Packet Pg. 319

23.e
Zoning Case ZC1 0-0021, cont.
Planning and Zoning Commission Recommendation
On June 7,2010, the Planning and Zoning Commission recommended approval of this
request by a vote of 7-0 (Commissioners Zapanta and Tannehill, absent).

Packet Pg. 320
23.f
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Attachment: F: Site Plan (3405 : 11 - ZC10-0021)

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SIGN ELEVATION PIAN .., . I C -VICINITY MAP , r.
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iNDOORSEATING PROVIDED· 20 /
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Packet Pg. 321

24
AGENDA ITEM SUMMARY
Meeting: 6/24/2010 DOC ID: 3412

Recommending Department: City Secretary’s Office LSR No: N/A
Resolution -- Appointment to Boards, Commissions, and Committees, to

Fill an Unexpired Term for the Housing and Human Services Board
2. Impact: Appointment of Irving residents to boards, commissions, and committees
assures that our residents have a voice in city government.
3. The vacant position under consideration is Housing & Human Services Board-
Place 7.
Recommendation
Contract Required: No Review Completed By: N/A
.
HHS Place 7 is vacant due to the resignation of Harry Weaver

None
Prepared: 6/10/2010 08:40 AM by Jennifer Phillips
Last Updated: 6/11/2010 08:32 AM by Jennifer Phillips
Packet Pg. 322

24
CITY OF IRVING

SECTION I. THAT the following individual be and is hereby appointed as a member of the
Housing and Human Services Board:
__________, Place 7
said term of office expiring November 2011.
As a result of the appointment heretofore stated, the Housing and Human Services
Board is represented by the following:
Term Expiration
Cynthia Faust, Place 2 November 2010
Michael DiPietro, Place 4 November 2010
Suzanne Beeman, Place 6 November 2010
Phil Smith, Place 8 November 2010
Cynthia Jenkins, Place 1 November 2011
Ernest Richards, Place 3 November 2011
Robert Moon, Place 5 November 2011
__________, Place 7 November 2011
Carole Shlipak, Place 9 November 2011
Packet Pg. 323

24
on June 24, 2010.
________________________________
HERBERT A. GEARS
MAYOR
ATTEST:
_______________________________
Shanae Jennings
_______________________________
Charles R. Anderson
City Attorney
Packet Pg. 324

Term Requirements
Board/Commission/Committee Expires Place Last First if any Misc. Notes
Housing and Human Services Board Nov 2010 4 DiPietro Michael
Housing and Human Services Board Nov 2010 6 Beeman Suzanne
Housing and Human Services Board Nov 2010 8 Smith Phil Chair
Housing and Human Services Board Nov 2011 1 Jenkins Cynthia
Housing and Human Services Board Nov 2011 3 Richards Ernest
Housing and Human Services Board Nov 2011 5 Moon Robert
Housing and Human Services Board Nov 2011 7 VACANT Harry Weaver resigned May 2010
Housing and Human Services Board Nov 2011 9 Shlipak Carole

Packet Pg. 325
24.a
Attachment: Current HHS Roster (3412 : 02 Appt HHS)

IrvingCC Packet 2010-06-24

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FINAL AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, JUNE 24, 2010

825 WEST IRVING BOULEVARD

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

Pastor Isnel Castro, House of God Ministries

Proclamations And Announcements

Swearing in Ceremony and Reception

Announcements And Recognitions

Public Hearing: Items 1 through 26

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

City Council Agenda 06/24/2010 1

2 City Manager’s Strategic Plan Update

4. Approving Minutes for Thursday, June 10, 2010

5 Resolution -- Approving Approximately 1.43 Acre Tract Located in the 1700

City Council Agenda 06/24/2010 2

7 Resolution -- Authorizing the Submission of an Application to the Texas

City Council Agenda 06/24/2010 3

9 Resolution -- Approving an Engagement Letter with Vinson & Elkins,

City Council Agenda 06/24/2010 4

11 Resolution -- Awarding a Contract to CHA, Inc., for Annual Structural

City Council Agenda 06/24/2010 5

13 Resolution -- Approving a Letter Agreement for Acquisition of Easements

City Council Agenda 06/24/2010 6

15 Resolution -- Authorizing the Submission of an Application to the

City Council Agenda 06/24/2010 7

City Council Agenda 06/24/2010 8

City Council Agenda 06/24/2010 9

City Council Agenda 06/24/2010 10

City Council Agenda 06/24/2010 11

City Council Agenda 06/24/2010 12

City Council Agenda 06/24/2010 13

City Council Agenda 06/24/2010 14

City Council Agenda 06/24/2010 15

City Council Agenda 06/24/2010 16

AGENDA ITEM SUMMARY – PUBLIC INPUT HEARING

Meeting: 6/24/2010 DOC ID: 3382

WORK SESSION MEETING OF THE IRVING CITY COUNCIL

Attendee Name Organization Title Status Arrived

Minutes Acceptance: Minutes of Jun 9, 2010 10:30 AM (CONSENT AGENDA)

Mayor Herbert Gears called the meeting to order at 10:35 a.m.

3 Entertainment Venue Equity and Public Finance Structure

Speakers include the following:

City Council Work Session

Minutes Acceptance: Minutes of Jun 9, 2010 10:30 AM (CONSENT AGENDA)

Councilman Gallaway asked how many different restaurants were proposed.

City Council Work Session

Minutes Acceptance: Minutes of Jun 9, 2010 10:30 AM (CONSENT AGENDA)

City Council Work Session

Minutes Acceptance: Minutes of Jun 9, 2010 10:30 AM (CONSENT AGENDA)

Council recessed at approximately 1:40 p.m.

Council reconvened at approximately 2:15 p.m.

2 Review of Regular Agenda

City Manager Tommy Gonzalez showed the following video:

City Council Work Session

26 Resolution -- Temporary Use Permit #G1006-0084 - to Allow a Farmers Market

27 Resolution -- Approving Special Sign Permit S1001-0038 to Allow the Use of

Minutes Acceptance: Minutes of Jun 9, 2010 10:30 AM (CONSENT AGENDA)

28 Resolution -- Approving Sign Variance Case No. S1004-0019 to Allow a Pole

Mr. Bloom presented the sign variance request at McDonalds on SH 183. He

29 Resolution -- Approving Sign Variance Case No. S1003-0059 - to Allow a Pole

4 Fourth of July Celebration Update

5 Flood Control Districts Update

City Council Work Session