Organizational Service Announcements Invocation Pastor Dennis King, Hope Irving Pledge of Allegiance Proclamations and Special Recognitions
Citizens are invited to speak for three (3) minutes on matters relating to City government and on items not listed on the regular agenda. Public Hearing: Items 1 through 41
CONSENT AGENDA 2 Approving Work Session Minutes for Thursday, March 10, 2022 3 Approving Regular Meeting Minutes for Thursday, March 10, 2022 4 Resolution - Amending the City Council Rules of Procedure Administrative Comments 1. This item is recommended by the City Attorney’s Office and the City Secretary’s Office. 2. Impact: The proposed amendments relate to citizen participation at meetings, along with other minor amendments: providing notice for emergency meetings (in accordance with an update to the Texas Open Meetings Act), allowing work sessions to be held at another building open to the public and on the same day of a regular City Council meeting, authorizing the Deputy Mayor Pro Tem to serve as the presiding officer in the absence of the Mayor Pro Tem, and updating provisions relating to the decorum of councilmembers and citizens in accordance with law. 3. The City Council discussed the proposed amendments at their March 10, 2022 Work Session. Recommendation The resolution be approved. 5 Resolution - Approving of the Landscape Maintenance Agreement Amendment #3 Between the City of Irving and Las Colinas Association Administrative Comments 1. This item is recommended by the Parks and Recreation Department. 2. Impact: The Las Colinas Association (LCA) provides a high level of maintenance of specified city medians, parks and open spaces in Las Colinas. 3. The agreement is amended to include Williams Square Plaza. 4. LCA’s primary responsibility is to maintain the site, turf, landscaping (including trees) and irrigation systems. 5. The City’s primary responsibility is to maintain the sidewalks, glass guardrails, fountain maintenance, lights, and hardscape items. 6. The agreement automatically renews for one-year terms unless otherwise terminated. Recommendation The resolution be approved. 6 Resolution - Approving Event Support Agreement with USA Triathlon In the Amount of $19,702.00 for the 2022 USA Triathlon Multisport National Championships Administrative Comments 1. This item is recommended by the Irving Convention & Visitors Bureau and supports Strategic Plan Goal 3 – Vibrant Economy. 2. Impact: Approval of this resolution will provide financial resources to event organizers to bring the 2022 USA Triathlon Multisport National Championships Festival Event to Irving, April 25 – May 1, 2022, for an economic impact to Texas estimated at more than $1.8 million. 3. The competitions will be held in the Urban Center, including Lake Carolyn and various roads in the Las Colinas area, with the start and finish at the new Levy Plaza. 4. Showcasing the sport’s offering of multiple race formats, the Multisport National Championships Festival will include six National Championship events: Draft-legal Triathlon National Championships; Duathlon (run-bike-run) National Championships; Aquathlon (swim-run) National Championships; Aquabike (swim-bike) National Championships; Super Sprint Triathlon Time Trial National Championships; and Age Group Mixed Relay National Championships. 5. The event also includes a non-championship Olympic-distance triathlon and open water swim competition. Finishers of national championship races at the Festival will have the opportunity to qualify to represent Team USA at the World Triathlon Championships at various international locations in 2023. 6. USA Triathlon considered site locations in Michigan, Wisconsin and Oregon before awarding the event to Irving. 7. The Office of the Governor, Economic Development & Tourism has determined that the estimated incremental increase in tax receipts to the State of Texas attributable to the 2022 USA Triathlon Multisport National Championships Festival Event is $123,131.00. The ICVB will prepare an analysis through an independent third party of the event-related projected revenues after the event. 8. The Events Trust Fund is created by the Office of the Governor, Economic Development & Tourism with contributions from the state and endorsing municipalities. The City will contribute $19,702.00 and the State will contribute $123,131.00. 9. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure. 10. ARPA funds are available to address the negative economic impacts of the pandemic, including aid to impacted industries such as tourism, travel and hospitality. Aid is also available to help reopen travel businesses and organizations that were closed during the pandemic, to respond to the negative economic impacts of the pandemic, and to replace lost public sector revenue and cover government revenue losses that were due to the pandemic, such as hotel occupancy taxes and convention center revenues. 11. The Irving Convention and Visitor Bureau’s Hotel Occupancy revenues have declined significantly since March 2020 due to the COVID-19 pandemic. Per the formula in the Act, the ARPA Calculation of Loss to date for the ICVB and ICC total $10,860,521 for FY 20-21 and $11,460,519 for FY 21-22. 12. Funding in the amount of $19,702.00 is available in the ICVB budget within the General Fund. Recommendation The resolution be approved. 7 Resolution - Designating the Director of the Capital Improvement Program Department to Certify Whether an Architect or Professional Engineer is Required for Construction-Related Goods or Services for Projects Procured from a Purchasing Cooperative Administrative Comments 1. This item is recommended by the Capital Improvement Program. This item supports Strategic Objective Goal 2.5 – Support strategic investments in city facilities. 2. Impact: The use of purchasing cooperative for minor construction, repair, and renovation services allow the City to efficiently address infrastructure issues on an as-needed basis. 3. The Interlocal Cooperative Act, Section 791 of the Texas Government Code requires a person to be designated by City Council to make certification of construction-related goods or services obtained through a purchasing cooperative for amounts greater than $50,000 prior to a contract being entered. 4. As the designated person, the CIP Director will certify either that the project for which the construction-related goods or services are being procured does not require the preparation of plans and specifications or that the plans and specifications have already been prepared. Recommendation The resolution be approved. 8 Resolution - Approving a Professional Services Agreement Between the City of Irving and Elements of Architecture, Inc., in the Amount of $122,490.00, for Design Services for the Replacement of the City Hall Elevators Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.5 – Support strategic investments in city facilities. 2. Impact: This agreement will provide design services for the replacement of the City Hall elevators. 3. This design will provide plans and specifications for the replacement of the City Hall elevators. As part of this agreement, Elements of Architecture, Inc., will provide construction administration services during the replacement. 4. Request for qualifications were solicited for these services, qualifications were received from three (3) firms. Elements of Architecture, Inc., was determined to be the firm most highly qualified provider for the services solicited. 5. Minority- and/or Women-owned Business (M/WBE) participation in this award is 100%. 6. Funding in the amount of $122,490.00 is available within the City Building Improvement Bond Fund. Recommendation The resolution be approved. 9 Resolution - Approving a Professional Services Agreement Between the City of Irving and RWB Consulting Engineers in the Amount of $249,500.00, for the Assessment of City Generators Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and Fire Department. It supports Strategic Objective 2.5 – Support strategic investments in city facilities. 2. Impact: This agreement will provide for the assessment of the generators at facilities throughout the City. 3. This assessment will help determine the current status of city generators in order to develop a plan to ensure functionality of city facilities under adverse conditions. This assessment will cover ninety locations. 4. Request for qualifications were solicited for these services. Qualifications were received from 14 firms. Three were chosen to be interviewed. RWB Consulting Engineers, was determined to be the firm most highly qualified provider for the services solicited. 5. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure. 6. Funding in the amount of $200,000.00 is available within the American Rescue Plan Act Fund and funding in the amount of $49,500.00 is available within the Non-Bond CIP Fund. Recommendation The resolution be approved. 10 Resolution - Awarding a Contract to Mart, Inc., in the Amount of $311,712.50 for the CDBG Funded West Park Restroom Replacement Project Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 4.5 – Implement enhancements to cultural and recreational facilities. 2. Impact: This project will replace the existing outdoor restroom and will provide an accessible ADA route from the existing picnic pavilion and basketball court. 3. This item was presented to the Parks and Recreation Advisory Board on January 13, 2022. 4. The existing restroom building was built in the 1980’s as an open-air structure and is now showing signs of disrepair. The foundation has shifted and has caused major crack in the walls. Also, due to being open-air, the structure must shut down in the wintertime to keep pipes from freezing. 5. Approval of this contract will allow for the demolition of the existing restroom building, installation of an in-place prefabricated restroom building with adjoining concrete foundation and provide ADA accessible concrete sidewalks. 6. Bids were received from one (1) bidder. Mart, Inc., submitted the lowest responsive bid of $268,823.50. 7. It is recommended to award Alternate Bid Item 1 in amount of $42,889.00 for offsite monitoring software of the locks, lights and water flow. This will make the total award $311,712.50. 8. This project is being funded through the U.S. Department of Housing and Urban Development Community Block Development Grant Program. 9. Funding in the amount of $311,712.50 is available in the Community Development Block Grant Fund. Recommendation The resolution be approved. 11 Resolution - Repealing an Award to MART, Inc., in the Amount of $217,795.00 for the 2022 Miscellaneous Demolition Project through The Interlocal Purchasing System (TIPS) Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.3 – Expand, Extend and Maintain the major thoroughfare network. 2. Impact: This item supports the ROAD TO THE FUTURE Program and the Drainage Solutions for a Better Tomorrow Program. 3. An item was presented to Council for approval on January 13, 2022 to engage Mart, Inc., for the 2022 Miscellaneous Demolition Project for asbestos abatement and demolition of four city-owned structures utilizing TIPS Contract No. 200201 for Trades, Labor & Materials (JOC) which was approved by Resolution No. 2022-3. After further review, Staff has determined that it is in the best interest of the City of Irving to repeal this resolution and instead proceed with a standard bidding process for this project. Recommendation The resolution be approved. 12 Resolution - Authorizing the Expenditure with Cousins Waterproofing LLC, dba Next Gen Construction, in the Amount of $263,500.00 for the Fire Station No. 8 Roof Replacement Project through The Interlocal Purchasing System (TIPS) Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.5 – Support strategic investments in city facilities. 2. Impact: This project will provide replacement of the roof at Fire Station 8. 3. The existing tile roof will be replaced with a new standing seam metal roof. 4. This project utilizes a Vendor/Member Contract between the City of Irving and Cousin’s Waterproofing LLC, dba Next Gen Construction, which was approved on October 14, 2021, by RES-2021-390. This contract supports the utilization of TIPS Contract No. 200201 to obtain trades, labor, and materials, which has been renewed through April 30, 2023. 5. Funding in the amount of $263,500.00 is available within the City Building Improvement Bond Fund. Recommendation The resolution be approved. 13 Resolution - Approving Change Order No. 1 to the Contract with Austin Filter Systems, Inc., in the Amount of $795,920.00 for the Upper Delaware Creek Improvements Project Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 2.4 - Maintain and extend water, wastewater and storm water systems. 2. Impact: This change order will provide funding to cover the road replacement of Pilgrim Drive (1,460-feet) from Puritan Drive to William Brewster Street. 3. This change order increases the contract by 3.7% and 100 calendar days. 4. Staff has negotiated a fair and reasonable price for this change order based on existing unit prices in the contract where applicable. 5. Funding in the amount of $795,920.00 is available within the Street Improvement Bond Fund. Recommendation The resolution be approved. 14 Resolution - Approving a Sole Source Software Subscription Agreement Between the City of Irving and Origami Risk LLC in the Total Estimated Amount of $234,850.00 for a Risk Management Information System Administrative Comments 1. This item is recommended by the Information Technology Department and the Human Resource Department. It supports Strategic Objective 4.2: Leverage information technology to drive efficient and responsive service delivery. 2. Impact: Currently the city maintains claims independent of their Third-Party Administrator. All non-liability claims are handled internally and supported currently through a make-shift system of spreadsheets, file folders, and disorganization. The purchase of the Origami software will allow for all incidents reports done by City employees (Workers’ Compensation, Vehicle, Property Damage, etc.) to be completed via an online, mobile friendly, reporting system. This will be critical to ensure that claims are set up as quickly as possible in order to mitigate the City’s losses. 3. Origami will also include a Safety Platform that will allow the Risk Management team to conduct safety inspections in an effort to create a safe and friendly environment for the city employees, residents, and businesses. 4. Funding for Fiscal Year 2021-22 in the amount of $119,250.00 is available in the Risk Management Fund, while funding for Fiscal Years 2022-23 and 2023-24, are subject to budget appropriation. Vendor Services Provided Estimated Expenditure Fiscal Year(s) Origami Risk LLC Year One (software implementation, training, license fees, and support) $ 119,250.00 2021-22 Year Two (license fees and support) $ 57,800.00 2022-23 Year Three (license fees and support) $ 57,800.00 2023-24 TOTAL $234,850.00 Recommendation The resolution be approved. Bids & Purchasing Items 15-31 15 Resolution - Approving Amendment No. 1 to the Professional Services Agreement between the City of Irving and Avenue Insights & Analytics, LLC, for the Retroactive Renewal of Sales Tax Compliance, Monitoring, Forecasting, and Reporting Services Administrative Comments 1. This item is recommended by the Financial Services Department. 2. Impact: Through utilization of this contract, the city is able to recover sales tax collections that have been misfiled or were not paid correctly to the city going back four years. The contract also allows for increased analysis and review of sales tax revenues that would otherwise not be possible without adding additional city personnel. 3. The city has over 10,000 businesses with 1,000 new sales tax permits added each year. Sales tax geographical analysis provides a tool for economic development to better gauge the commercial viability of an area and make better informed development incentive agreements. 4. The annual fee for sales tax analysis and reporting is $12,500, or $3,125.00 per quarter. Additional specific reports are available as requested, with an anticipated annual cost of $5,000.00 ($1,000.00 per report with a one-time setup fee of $500.00 per report). Although the contract allows for the annual fee and optional fees to increase annually at least 2% but not more than 10% per the Consumer Price Index for Dallas County, there is no change in the cost of services for the upcoming renewal term. The fee for sales tax recovery is a 25% contingency of revenues recovered. 5. This renewal establishes the continuation of a contract for sales tax compliance, monitoring, forecasting and reporting. The original agreement was awarded to the respondent receiving the highest evaluation criteria score through a Request for Proposals process. This retroactive approval is for the first of three, one-year renewals for this contract for the period of March 21, 2022, through March 20, 2023. 6. Funding for Fiscal Year 2021-22 is available in the Financial Services Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Recommendation The resolution be approved. 16 Resolution - Approving As-Needed Expenditures with Ad-A-Staff, Inc., in the Total Estimated Amount of $275,000.00 for Temporary Staffing Services through the North Texas SHARE Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Human Resources Department. 2. Impact: Utilization of this contract with Ad-A-Staff allows the city to find temporary staffing that can immediately engage in various open positions in order to maintain a continuity of operations while recruitment occurs or to supplement existing operations. 3. Use of these services is supported by a Vendor/Member contract between the City of Irving and Ad-A-Staff, Inc., which was approved on March 18, 2022 through Administrative Award No. 7734 for utilization of North Texas SHARE Contract No. NCT-2021-05 for temporary staffing services which expires on June 25, 2023. 4. Per the terms of the North Texas Share agreement, the city has negotiated specific hourly rates for certain positions as shown in the attached Exhibit. 5. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation. 6. Because this annual contact runs from April 2022 through June 2023, it is possible that more than the estimated amounts shown in the chart below may be spent in one operating year or the other as long as there are budget funds available to accommodate that year’s additional purchases and the total contract award amount is not exceeded. Vendor Spending Term Total Estimated Amount Fiscal Year(s) Ad-A-Staff, Inc. 4/1/22 – 6/25/23 $110,000.00 2021-22 $165,000.00 2022-23 TOTAL AMOUNT NOT TO EXCEED $275,000.00 Recommendation The resolution be approved. 17 Resolution - Approving Additional As-Needed Expenditures with Galls, LLC, in the Total Estimated Amount of $155,500.00 for First Responder Uniforms, Accessories, and Services through the North Texas SHARE Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Police, Code Enforcement, Inspections, and Information Technology departments and the Irving Arts Center. 2. Impact: Authorizing additional as-needed expenditures will allow the Police Department to continue purchasing law enforcement uniforms and other related duty gear. In addition, this contract will support the needs of the other departments listed above who wear tactical uniforms in performance of their duties. 3. These purchases are supported by a Vendor/Member contract between the City of Irving and Galls, LLC, which was approved on January 24, 2022, through Administrative Award No. 7628 for utilization of North Texas SHARE Contract No. 2021-073 for first responder uniforms, accessories, and services, which expires on November 1, 2022. 4. Funding for Fiscal Year 2021-22 is available in Police, Code Enforcement, and Inspections departmental budgets within the General Fund, the Technology Fund, and the Irving Arts Center General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Spending Term Total Estimated Amount Fiscal Year(s) Galls, LLC 4/1/22 – 11/1/22 $93,000.00 2021-22 $62,500.00 2022-23 TOTAL $155,500.00 Recommendation The resolution be approved. 18 Resolution - Approving As-Needed Expenditures with Facility Solutions Group, Inc., in the Total Estimated Amount of $300,000.00 for the Purchase of Energy Saving Lighting Products and Installation Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and Parks & Recreation Department. 2. Impact: Approval of this contract will allow the city to purchase a variety of LED lights & fixtures, improved low energy lighting systems and security lighting for our parks, recreation centers, city facilities buildings through utilization of BuyBoard Contract No. 602-20. 3. A Vendor/Member contract between the City of Irving and Facility Solutions Group, Inc. was approved on July 30, 2020, by RES-2020-262. The contract supports utilization of BuyBoard Contract No. 602-20 for energy saving lighting products which has been renewed through March 31, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program and Parks & Recreation department budgets within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Estimated Amount Fiscal Year(s) Facility Solutions Group, Inc. 4/1/22 - 3/31/23 $150,000.00 2021-22 $150,000.00 2022-23 Total $300,000.00 Recommendation The resolution be approved. 19 Resolution - Approving As-Needed Expenditures with McMillan James Equipment Company, LLC in the Total Estimated Amount of $200,000.00 for Service and Repairs of Pumping Systems and Dectron Units through The Interlocal Purchasing System (TIPS) Program Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Parks & Recreation and Capital Improvement Program (CIP) departments. 2. Impact: Approval of this item will allow for full-service maintenance of pumping systems at various park facilities including the aquatic centers, spray parks, neighborhood pools, ornamental water fountains, fountains in ponds, and Dectron units that control air and water temperature located at Heritage Senior Center. The item will be used by the Facilities Division of CIP to repair and replace chiller pumps. 3. A Vendor/Member contract between the City of Irving and McMillan James Equipment Company, LLC, was approved on June 25, 2020, by RES-2020-200. The contract supports utilization of TIPS Contract No. 200201 for Trades, Labor, and Materials, which has been renewed through April 30, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Parks & Recreation and Capital Improvement Program department budgets within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Spending Term Total Estimated Amount Fiscal Year(s) McMillan James Equipment Company, LLC 5/1/22 – 4/30/23 $ 50,000.00 2021-22 $150,000.00 2022-23 TOTAL $200,000.00 Recommendation The resolution be approved. 20 Resolution - Approving Expenditures with Cousin's Waterproofing LLC, dba Next Gen Construction in the Total Estimated Amount of $385,000.00 for Minor Construction, Repair, and Renovation Services through the Interlocal Purchasing System (TIPS) Program Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: Approval of this contract will allow the city to address as-needed small construction projects, minor remodeling, and emergency response situations in a timely and cost-effective manner during heavy workload periods for the Facilities Division. 3. A Vendor/Member Contract between the City of Irving and Cousin’s Waterproofing LLC, dba Next Gen Construction, was approved on October 14, 2021, by RES-2021-390. This contract supports the utilization of TIPS Contract No. 200201 to obtain trades, labor, and materials services, which has been renewed through April 30, 2023. 4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Estimated Amount Fiscal Year Cousin’s Waterproofing LLC, dba Next Gen Construction 5/1/22 – 4/30/23 $130,000.00 2021-22 $255,000.00 2022-23 TOTAL $385,000.00 Recommendation The resolution be approved. 21 Resolution - Authorizing As-Needed Expenditures with Air Conditioning Innovative Solutions, Inc. (ACIS), in the Total Estimated Amount of $400,000.00 for HVAC Equipment Purchases, Installation, Repair, and Parts through The Interlocal Purchasing System (TIPS) Program Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: Approval of this item will provide for as-needed repairs of HVAC equipment at more than 60 facilities in order to maintain the comfort and safety of city facilities through utilization of TIPS Contract No. 200201. 3. A Vendor/Member contract between the City of Irving and ACIS was approved on June 25, 2020 by RES-2020-203. The contract supports utilization of TIPS Contract No. 200201 for Trades, Labor & Materials (JOC) which has been renewed through April 30, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program Department budget with the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Spending Term Total Estimated Amount Fiscal Year(s) Air Conditioning Innovative Solutions, Inc. 5/1/22 – 4/30/23 $135,000.00 2021-22 $265,000.00 2022-23 TOTAL ESTIMATED AMOUNT $400,000.00 Recommendation The resolution be approved. 22 Resolution - Approving As-Needed Expenditures with Dealers Electrical Supply Co., in the Total Estimated Amount of $140,000.00 for the Purchase of Lighting Products through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Capital Improvement Program and Parks & Recreation departments. 2. Impact: Approval of this item will allow the city to purchase energy saving lighting products for the maintenance of various city facilities. 3. A Vendor/Member Contract between the City of Irving and Dealers Electrical Supply Co. was approved on August 5, 2021, by RES-2021-277. This contract supports the utilization of BuyBoard Contract No. 602-20, for energy saving lighting products, which has been renewed through March 31, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program and Parks & Recreation Department budgets within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Estimated Amount Fiscal Year(s) Dealers Electrical Supply Co. 4/1/22 – 3/31/23 $ 15,000.00 2021-22 $125,000.00 2022-23 TOTAL $140,000.00 Recommendation The resolution be approved. 23 Resolution - Approving a Vendor/Member Contract Pursuant to a Cooperative Purchasing Agreement Between the City of Irving and AllTerra Central, Inc., through the State of Texas Department of Information Resources (DIR) Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and the Financial Services Department – Purchasing Division. 2. Impact: Establishment of a Vendor/Member Contract between the City of Irving and Allterra Central Inc., an authorized dealer of Trimble, Inc., for utilization of Texas Department of Information Resources (DIR) Contract No. DIR-CPO-4504, which expires on November 10, 2022 will allow the city to procure surveying equipment and the accompanying licensing. 3. Approval of this item allows for the purchase of surveying equipment and licensing as presented in the following item on this agenda as well as any future purchases from this vendor through the designated DIR contract during the specified contract term. Recommendation The resolution be approved. 24 Resolution - Approving the Expenditure with AllTerra Central, Inc., in the Total Estimated Amount of $62,433.12 for Surveying Equipment and GPS Network Subscriptions for Capital Improvement Program through the State of Texas Department of Information Resources (DIR) Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: Purchases of field surveying equipment, with current technology upgrades, will allow the Capital Improvement Program surveying staff to continuously provide professional land surveying services. This benefits the City by providing surveying information for engineering design of roads, water and wastewater mains, drainage projects, parks, and building facilities, as well as property and easement exhibits for real estate transactions. 3. This purchase is supported by a Vendor/Member contract between the City of Irving and AllTerra Central, Inc., utilizing DIR Contract No. DIR-CPO-4504 for Geographic Information Systems (GIS) Hardware, Software, and Services and Information Technology (IT) Based Surveying Hardware, Software and Related Services, which expires on November 10, 2022, which is presented as the previous item on this agenda. 4. The attached quote includes new field surveying equipment to replace existing equipment no longer supported by the manufacturer, subscriptions to a GPS network to measure state plane coordinates, and a multitrack target to replace one damaged beyond repair. 5. Funding in the amount of $62,433.12 is available in the Capital Improvement Program Department budget within the General Fund and in the Self Insurance Fund. Recommendation The resolution be approved. 25 Resolution - Approving and Accepting the Bid of Crafco Inc., in the Total Estimated Amount of $90,000.00 for Crack Sealing Compound & Asphalt Cold Patch Materials Administrative Comments 1. This item is recommended by the Traffic & Transportation Department. 2. Impact: This contract supports the Road to the Future program. Crack sealing compound and asphalt cold patch materials are utilized by the Streets Division to maintain and enhance mobility for the safe and effective transit of motorists throughout the City of Irving. The award of this contract will provide the necessary resource to expedite repair of damaged existing roadways. 3. This award establishes an annual contract for the continuation of providing crack sealing and asphalt cold patch materials. The contract is subject to two, one-year renewal options. 4. Funding for Fiscal Year 2021-22 is available in the Traffic & Transportation Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Estimated Expenditure Fiscal Year(s) Crafco, Inc. 4/1/22 – 3/31/23 $45,000.00 2021-22 $45,000.00 2022-23 TOTAL $90,000.00 Recommendation The resolution be approved. 26 Resolution - Authorizing As-Needed Purchases with Paradigm Traffic Systems, Inc., in the Total Estimated Amount of $250,000.00 for Traffic Signal Parts and Equipment through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Traffic & Transportation Department. 2. Impact: Approval of this item will allow the Traffic & Transportation Department to procure parts and equipment for installing and maintaining traffic signals within the City of Irving. Typical traffic signal equipment to be purchased through this contract includes but is not limited to: alpha battery backup units, traffic signal heads, traffic signal LEDs, traffic signal head back plates, forward-looking infrared camera systems and replacement parts, and traffic signal cabinets. 3. A Vendor/Member Contract between the City of Irving and Paradigm Traffic Systems, Inc., was approved on May 7, 2020 by RES-2020-151. The contract supports utilization of BuyBoard Contract No. 603-20 for Public Safety & Fire House Supplies & Equipment, which has been renewed through March 31, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Non-Bond CIP Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Estimated Expenditures Fiscal Year(s) Paradigm Traffic Systems, Inc. 4/1/22 – 3/31/23 $125,000.00 2021-22 $125,000.00 2022-23 TOTAL $250,000.00 Recommendation The resolution be approved. 27 Resolution - Renewing the Annual Contract with Martin Marietta Materials in the Total Estimated Amount of $470,000.00 for Concrete Making Materials Administrative Comments 1. This item is recommended by the Traffic & Transportation Department. 2. Impact: This contract supports the Road to the Future program. This contract will provide cement, rock and sand aggregates that meet the specifications for use with the city’s volumetric mixer. Meeting these industry standard specifications will help ensure the volumetric mixer maintains a uniform product that meets the quality standards necessary to make concrete repairs to the infrastructure and to maintain the safety of the transportation network within the City of Irving. 3. This renewal establishes the continuation of an annual contract to provide concrete making materials. The current contract expires on March 31, 2022. This is the second and final one-year renewal option. 4. Funding for Fiscal Year 2021-22 is available in the Traffic & Transportation Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Estimated Expenditure Fiscal Year(s) Martin Marietta Materials 4/1/22 – 3/31/23 $235,000.00 2021-22 $235,000.00 2022-23 TOTAL $470,000.00 Recommendation The resolution be approved. 28 Resolution - Renewing the Annual Contract with Herco Equipment, Inc., in the Total Estimated Amount of $80,000.00 for Motor Vehicle Hydraulic Repairs & Optional Parts Only Purchases Administrative Comments 1. This item is recommended by the Fleet Services Division. 2. Impact: Approval of this item provides for the rebuild of hydraulic rotation motors and repairs of hydraulic cylinders in heavy equipment with minimum downtime and to maintain high levels of service. It also provides for the purchase of parts needed for repairs and maintenance performed by Fleet Services. 3. This renewal establishes the continuation of an annual contract to provide as-needed motor vehicle hydraulic repairs and parts only purchases. Repairs done under this contract supplement the routine preventive maintenance services provided by the Fleet Services Division. This is the second and final one-year renewal option. The current contract expires on April 30, 2022. 4. Funding for Fiscal Year 2021-22 is available in the Garage Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Est. Expenditure Fiscal Year(s) Herco Equipment, Inc. 5/1/22 - 4/30/23 $37,600.00 2021-22 $42,400.00 2022-23 TOTAL $80,000.00 Recommendation The resolution be approved. 29 Resolution - Approving the Purchase from Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana of a 2022 Vermeer VXT500 Hydro Excavator on a 2022 Mack Granite Chassis Truck in the Total Estimated Amount of $464,904.20 through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by Water Utilities Department and approved by the Fleet Services Division. 2. Impact: Addition of supplemental equipment will increase effectiveness in repairing and maintaining the infrastructure and better support the needs of Water Utilities Department and the residents of Irving. 3. This purchase is supported by a Vendor/Member contract between the City of Irving and Vermeer Equipment of Texas LLC dba Vermeer Texas-Louisiana utilizing BuyBoard Contract No. 597-19 for Construction, Road and Bridge, Ditching, Trenching, and other Equipment, which has been renewed through November 30, 2022. 4. Funding is available in the Water & Sewer System Non-Bond CIP Fund. Department Item Description Total Est. Expenditure Water Utilities 2022 Vermeer VXT500 Hydro Excavator on a 2022 Mack Granite Chassis Truck $464,904.20 Recommendation The resolution be approved. 30 Resolution - Approving the Purchase of a 2023 Chevrolet Tahoe 4X4 Commercial Truck from Caldwell Country Chevrolet in the Total Estimated Amount of $52,380.00 through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and approved by the Fleet Services Division. 2. Impact: The purchase of this supplemental vehicle will ensure that the Municipal Drainage Utility department maintains an adequate and reliable fleet for staff to provide exceptional services related to drainage, construction, and private development projects. 3. A Vendor/Member contract between the City of Irving and Caldwell Country Chevrolet was approved on October 21, 2020, by Administrative Award No. 7005. The contract supports utilization of BuyBoard Contract No. 601-19 for Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor, which has been renewed through November 30, 2022. 4. Funding is available in the Municipal Drainage Utility Fund. Department Item Description Total Est. Expenditure Capital Improvement Program 2023 Chevrolet Tahoe 4X4 CC10706, 5.3L V8 engine Truck $52,380.00 Recommendation The resolution be approved. 31 Resolution - Renewing the Annual Contract with Commdex Consulting, LLC, in the Total Estimated Amount of $401,000.00 for Fiber Optic Network Maintenance Services Administrative Comments 1. This item is recommended by the Information Technology Department. 2. Impact: Purchases under this contract will provide fiber optic repairs and new installations services necessary to maintain the city-owned fiber optic network which supports the City’s most critical data systems. These systems include the public safety radio system, outdoor warning system, and fire station alerting as well as other mission critical communication systems. 3. This renewal establishes the continuation of an annual contract to provide fiber optic network repair and new installation services. This is second and final, one-year renewal option. The current contract expires on March 31, 2022. 4. Funding for Fiscal Year 2021-22 is available in the Technology Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Amount Not to Exceed Fiscal Year(s) Commdex Consulting, LLC 4/1/22 – 3/31/23 $200,500.00 2021-22 $200,500.00 2022-23 TOTAL $401,000.00 Recommendation The resolution be approved. End of Bids 32 Ordinance - Authorizing the Issuance of City of Irving, Texas, Solid Waste Disposal System Revenue Refunding Bonds, Taxable Series 2022, in an Aggregate Principal Amount of Not to Exceed $22,000,000; Awarding the Sale Thereof; Authorizing the Execution and Delivery of a Paying Agent/Registrar Agreement and a Purchase Agreement; and Enacting Provisions Incident and Relating to the Subject and Purposes of This Ordinance Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of this Ordinance will allow the City to refund an existing debt relating to economic development efforts in the Heritage District. 3. The City entered into an economic development program with Heritage District, LLC to redevelop and initiate economic development in the Heritage District. The Developer obtained a Loan Agreement from Comerica Bank to purchase land for redevelopment. 4. The City provided credit enhancement for that Loan Agreement and entered into a series of agreements with Comerica Bank culminating in the Amended, Restated, and Consolidated Loan Purchase and Sale Agreement and Amended, Restated and Consolidated Eurodollar Rate - Demand Note, each dated October 14, 2008 (together, the “Agreement”), whereby the City agreed, upon certain sale trigger events, to purchase the Loan Agreement from the Bank and execute a Demand Note in favor of the Bank for payment of the Loan Agreement 5. On May 10, 2012, the City issued Solid Waste Disposal System Revenue Refunding Bonds, Taxable, Series 2012 in the aggregate principal amount of $29,095,000 for payment of the Loan Agreement. Regions Bank originally purchased and is still the Owner of the Series 2012 Bonds. 6. The 2022 Bonds will be secured by a pledge of Solid Waste Disposal System revenues. 7. Regions Commercial Equipment Finance, LLC, which is an affiliate of Regions Bank, will purchase the 2022 Bonds as part of a private placement sale. The City will not be required to prepare an official statement for the 2022 Bonds. 8. The 2022 Bonds will have an interest rate of 3.10% and will have a final maturity of August 15, 2032, which is also the final maturity date for the 2012 Bonds being refunded. 9. The final principal amount and debt service savings (expected to be approximately $1,200,000) will be finalized prior to the Council’s consideration of the Ordinance at the March 31 Council meeting. Recommendation The ordinance be adopted. 33 Ordinance - Authorizing the Issuance and Sale from Time to Time of One or More Series of City of Irving, Texas, General Obligation Bonds, General Obligation Refunding Bonds and General Obligation Refunding and Improvement Bonds, in an Aggregate Principal Amount of Not to Exceed $101,650,000; Levying a Tax in Payment Thereof; Providing for the Award and Sale Thereof in Accordance with Specified Parameters; Authorizing the Execution and Delivery of One or More Paying Agent/Registrar Agreements, One or More Purchase Agreements, and One or More Deposit or Escrow Agreements; Approving the Preparation of One or More Official Statements; Approving a Disclosure Counsel Engagement Letter; and Enacting Provisions Relating to the Subject Administrative Comments 1. This item is recommended by the Financial Services Department. 2. Impact: Upon approval of this Ordinance, Financial Services will proceed with the steps for the issuance of the General Obligation Bonds, General Obligation Refunding Bonds and/or General Obligation Refunding and Improvement Bonds (the “Bonds”). 3. The Bonds are being issued to (a) construct the capital improvement projects listed in Exhibit A and (b) refund a portion of the General Obligation Refunding and Improvement Bonds, Series 2012. 4. Sale of the bonds will be subject to the parameter limitations set forth in the Ordinance. The parameters generally are: a) The net effective interest rate on the Bonds shall not exceed 15%, the maximum rate set forth in Chapter 1204, Texas Government Code, as amended; b) The Bonds issued for capital improvement projects will have a maturity date no later than September 15, 2052; c) The aggregate principal amount of the Bonds issued for capital improvement projects will not exceed $90,650,000; d) The Bonds issued to refund the Series 2012 Bonds will have a maturity date no later than September 15, 2032; e) The aggregate principal amount of the Bonds issued to refund the Series 2012 Bonds will not exceed $11,000,000; f) Savings resulting from the refunding shall be no less than 3% 5. The City Manager and/or the Chief Financial Officer and Hilltop Securities will provide confirmation that the specified parameters are met to fulfill the need for timely financing. 6. When and if the parameters for the bond sale are met, the Ordinance authorizes the authorized officers to move forward with the actual issuance of the bonds. The authority expires in 365 days if the bonds are not issued prior to such time. Recommendation The ordinance be adopted. 34 Ordinance - Authorizing the Issuance and Sale from Time to Time of One or More Series of City of Irving, Texas, Tax Notes, in an Aggregate Principal Amount of Not to Exceed $21,000,000; Levying a Tax in Payment Thereof; Providing for the Award and Sale Thereof in Accordance with Specified Parameters; Authorizing the Execution and Delivery of One or More Paying Agent/Registrar Agreements and One or More Purchase Agreements; Approving the Preparation of One or More Official Statements; Approving a Disclosure Counsel Engagement Letter; and Enacting Provisions Relating to the Subject Administrative Comments 1. This item is recommended by the Financial Services Department 2. Impact: Upon approval of this Ordinance, Financial Services will proceed with the steps for the issuance of one or more series of the Tax Notes (the “Notes”). 3. The Notes are being issued to (i) construct the Conflans Road capital improvement project and (ii) purchase a Fire Pumper vehicle both listed in Exhibit A. 4. Sale of the Notes will be subject to the parameter limitations set forth in the Ordinance. The parameters generally are: a) The net effective interest rate on the Notes shall not exceed 15%, the maximum rate set forth in Chapter 1204, Texas Government Code, as amended b) The Notes will have a maturity date no later than September 15, 2027 c) The aggregate principal amount of the Bonds issued for the Conflans Road capital improvement project will not exceed $20,000,000 d) The aggregate principal amount of the Notes issued for the Fire Pumper vehicle will not exceed $1,000,000 5. The City Manager and/or the Chief Financial Officer and Hilltop Securities will provide confirmation that the specified parameters are met to fulfill the need for timely financing. 6. When and if the parameters for the Note sale are met, the Ordinance authorizes the authorized officers to move forward with the actual issuance of the Notes. The authority expires in 365 days if the bonds are not issued prior to such time. Recommendation The ordinance be adopted. 35 Ordinance - Authorizing the Issuance and Sale from Time to Time of One or More Series of City of Irving, Texas, Waterworks and Sewer System New Lien Revenue Bonds, New Lien Revenue Refunding Bonds and New Lien Revenue Refunding and Improvement Bonds in the Aggregate Principal Amount of Not to Exceed $36,000,000; Providing for the Award and Sale Thereof in Accordance with Specified Parameters; Authorizing the Execution and Delivery of One or More Paying Agent/Registrar Agreements, One or More Purchase Agreements and One or More Deposit or Escrow Agreements; Approving the Preparation of One or More Official Statements; Approving a Disclosure Counsel Engagement Letter; and Enacting Provisions Relating to the Subject Administrative Comments 1. This item is recommended by the Financial Services Department. 2. Impact: Upon approval of this Ordinance, Financial Services will proceed with the steps for the issuance of the Waterworks and Sewer System New Lien Revenue Bonds, New Lien Revenue Refunding Bonds and/or New Lien Revenue Refunding and Improvement Bonds (the “Bonds”). 3. The Bonds are being issued to (a) construct the capital improvement projects listed in Exhibit A and (b) refund a portion of the Waterworks and Sewer System New Lien Revenue Refunding Bonds, Series 2012. 4. Sale of the bonds will be subject to the parameter limitations set forth in the Ordinance. The parameters generally are: a) The net effective interest rate on the Bonds shall not exceed 15%, the maximum rate set forth in Chapter 1204, Texas Government Code, as amended b) The Bonds will have a maturity date no later than August 15, 2042 c) The aggregate principal amount of the Bonds issued for capital improvement projects will not exceed $25,600,000 d) The aggregate principal amount of the Bonds issued to refund the Series 2012 Bonds will not exceed $10,400,000 e) Savings resulting from the refunding no less than 3% 5. The City Manager and/or the Chief Financial Officer and Hilltop Securities will provide confirmation that the specified parameters are met to fulfill the need for timely financing. 6. When and if the parameters for the bond sale are met, the Ordinance authorizes the authorized officers to move forward with the actual issuance of the bonds. The authority expires in 365 days if the bonds are not issued prior to such time. Recommendation The ordinance be adopted. 36 Ordinance - Authorizing the Abandonment and Vacation of Certain Portions of a Wastewater Easement at 2450 Valley View Lane, for ICM Valley View, LP. a Delaware Limited Partnership Administrative Comments 1. This item has been recommended by the Capital Improvement Program and Water Utilities Department. 2. Impact: The abandonment is requested by ICM Valley View, LP, to allow for development of the site. 3. The 15-foot (9,807 sq. ft) wastewater easement runs along the center of the property which hinders the opportunity for development. The developer plans on platting a 70-foot drainage and sewer easement along the south property line. 4. The utilities within the easement area will be relocated by the owner to allow the redevelopment of the property. 5. The Capital Improvement Program and Water Utilities Departments support the requested abandonment of the wastewater easement. Recommendation The ordinance be adopted.
ZONING CASES AND COMPANION ITEMS Ordinance - ZC21-0081 - Considering a Zoning Change from C-C “Community Commercial” and S-P-1 (R-AB) “Detailed Site Plan – Restaurant with the Attendant Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption” and State Highway 183 Overlay District to S-P-1 (C-C) “Detailed Site Plan – Community Commercial” and State Highway 183 Overlay District - Approximately 1.49 Acres Located at 2845 W. Airport Freeway - Smith Holdings, Applicant; JMR Properties, Owner (Postponed from February 24, 2022) Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, and Joy Commissioner absent: Patel, Kliner, Prichard 2. The subject property is a 1.49-acre vacant. The applicant is requesting a zoning change to allow for retail uses and motorcycle sales and service including outdoor display. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Commercial Corridor uses for this property. This land use category is described as an auto-oriented district for retail, office, and commercial uses with parking in front with buildings set back from the street and low to midrise buildings. The requested zoning is in conformance with the Comprehensive Plan. 4. The lot was previously occupied by a restaurant that was demolished in 2011 and is currently under two separate zoning districts. The northern portion is zoned C-C “Community Commercial”, and the southern portion is zoned S-P-1 (R-AB) “Detailed Site Plan - Restaurant with the Attendant Accessory use of the Sale of Alcoholic Beverages for On Premises Consumption”. Additionally, the property is under Subdistrict C of the State Highway 183 Overlay District. 5. The proposed use of indoor motorcycle sales and service is allowed under the C-C zoning district and State Highway 183 Overlay District. However, per UDC Chapter 3.18.3, all retail sales are to be inside an enclosed building, and merchandise intended as outdoor display is limited to being within five (5) feet of the building and is to be brought inside every night. 6. The applicant is requesting a variance to allow outdoor display beyond 5 feet of the building. The site plan includes an outdoor display area encircling the building. No items will be left outside overnight, so there is no “outside storage” associated with this case. 7. All other development will comply with the State Highway 183 Overlay District. 8. Since all items will be brought inside at night and there is no “outside storage”, staff can support this request. 9. A total of nine (9) public notices were mailed. Staff has received one (1) response in support and none in opposition to this request. 10. On February 24, 2022, this case was postponed at the applicant’s request. No changes have been made to the site plan, and no updates have been provided by the applicant. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
38 Ordinance - ZC22-0004 - Considering a Zoning Change from C-O “Commercial Office” to S-P-1 (R-AB) “Detailed Site Plan – Restaurant with the Attendant Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption" and Hotel and Related Uses - Approximately 2.485 Acres Located at 1320 Greenway Drive - East Star Design, Applicant; NB Greenway, LLC, Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on March 7, 2022 by a vote of 8-0. Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, Joy, Patel, and Prichard Commissioner absent: Kliner 2. The subject property is an approximately 2.485-acre site that is currently undeveloped. The applicant is requesting a zoning change to construct a new “extended stay” hotel with a restaurant with accessory alcoholic beverage sales for on premises consumption. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District for this property. This use is described as a flexible use district for retail, office and commercial uses. It consists predominantly of mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan. 4. The applicant proposes a 21-story, 200 room “extended stay” hotel with a full-service restaurant, café, bar, meeting space, a fitness center, full-service spa, outdoor pool/bar, and other amenities. The rooms include studios with kitchenettes, and one-, two- and three-bedroom suites with full kitchens. Suites range from 500 sq. ft. to 2,500 sq. ft. in size. 5. The current Hotel Development Standards are codified as Section 3.10 of the Unified Development Code (UDC). The proposed hotel will not require any variances and meets all the current Hotel Development Standards. Additionally, the proposed hotel exceeds the requirements proposed by the ICVB. The primary hotel standards are outlined below: Requirement Proposed Room Count 200 200 Room size 300 sq. ft. Between 500 and 2,500 sq. ft. Parking (includes rooms, restaurants, bars and meeting rooms) 394 spaces 398 spaces Meeting Space 5,000 sq. ft. 6,000 sq. ft. Recreation facilities 1,000 sq. ft. Approx. 1,500 sq. ft. pool, plus gym, spa, and game room Restaurant Full-service restaurant Full-service restaurant, café, bar, and pool bar Furnishings Fully furnished Fully furnished Housekeeping Daily Daily 6. The hotel will be 21 stories with a gross area of approximately 439,000 square feet. It includes a six-story garage with 5 levels of parking and a roof-top pool and recreation area. Limited surface parking will also be available. Dining facilities include: a. A 150-seat full-service restaurant b. A 100-seat café c. A 100-seat bar d. A 25-seat pool bar Room service will also be available. 7. All landscaping and setback requirements will be met. 8. The site will have access from Greenway Drive and will also be required to have cross access with the site to the west when they apply for their building permit. A total of 394 spaces are required and 398 will be provided with a combination of surface parking and an attached parking garage. 9. With this type of extended stay hotel concept, the guest rooms provided for rent are larger and can be rented for extended time periods. They typically cater to those traveling long-term for corporate housing, military assignments, student housing, or temporary housing. 10. Since the proposed development is in conformance with the Comprehensive Plan and meets all the Hotel Development Standards in the Unified Development Code, staff can support this request. 11. A total of 10 public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
39 Ordinance - UDC21-0003 - Considering Amending Unified Development Code Section 1.12.5 "Administrative Amendments to Approved Site Plan" to Clarify the Parameters for Amendments and Provide Criteria for Administrative Amendments to Multifamily Concept Plans Administrative Comments 1. This item has been recommended by the Planning and Community Development Department. 2. The Planning and Zoning Commission recommended Approval on March 7, 2022 by a vote of 8-0. Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, Joy, Patel, and Prichard Commissioner absent: Kliner 3. Amendments are proposed in order to provide clarification for the applicant/developer and staff as to what may be allowed as an Administrative Amendment vs. what must be revised through the zoning process. 4. It is common for minor adjustments to be necessary after Site Plan (SP) approval and during detailed design and construction. The current ordinance does not provide quantifiable measures to the customer or staff, opening it to confusion and differences in interpretation. No parameters exist for minor amendments to Multi Family Concept Plan standards other than a change in “character or configuration” which is subjective. 5. The current considerations for all minor amendments include: • Complies with city ordinances • Does not change the character or intent • Does not alter the relationship to adjacent properties • Does not change uses • Does not change lighting or signs unless complies with code • Does not decrease open space or landscaping • Does not decrease height, fencing, or screening 6. The proposed amendments will: • Quantify maximum percentages (%) of what can be administratively approved • Clarify that Multi Family Concept Plans can be minimally revised with similar quantifiable parameters • Require reprocessing of a case for any changes greater than specified % • Add specific considerations for effects on traffic, drainage, and utilities • Create separate considerations for mixed use/form based developments, and • Allow a small increase of patron seating (10%) for RAB/restaurants with parking Recommendation The ordinance be adopted.
40 Ordinance - UDC21-0004 - Considering Amending Unified Development Code Section 3.5 "Convenience Store Design Standards" to Update the Definition and Provide for Applicability of the Section to Expansions or Conversions of Buildings Administrative Comments 1. This item has been recommended by the Planning and Community Development Department. 2. The Planning and Zoning Commission recommended Approval on March 7, 2022 by a vote of 8-0. Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, Joy, Patel, and Prichard Commissioner absent: Kliner 3. The amendments are proposed in order to provide clarity in the definition and consistency in the application of the standards to existing buildings. 4. Concerns include: an unclear definition of “convenience stores”, changes to state law no longer allowing the city to enforce building design standards, that properties developed prior to standards are challenged to comply with new requirements, and that different requirements for convenience stores than for other types of retail establishments. 5. The Convenience Store Design Standards were created after a November 2008 election to permit retail package store sales. Subsequent ordinances such as these design standards were adopted to mitigate concerns about potentially harmful or negative effects such as amendments to the distance measurement from a church, school, or hospital and a Convenience Store Crime Prevention ordinance. 6. The definition of a Convenience Store is: Any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than 10,000 sq. ft. of retail floor space. Convenience goods means basic food, beverage, tobacco products, household and/or pharmaceutical items. 7. The current standards (masonry construction, articulation, etc.) apply to all new convenience stores and to existing buildings proposed to be changed to a convenience store from any other use. Stores being expanded by 30% or more of building area, or being remodeled if remodeling value is at least 25% of current value, must comply with landscaping, screening, parking, loading, building codes and accessibility requirements and remove any pole signs (except along highways) prior to issuance of C.O. The standards also increase the parking requirement for convenience stores. 8. The proposed amendments include: 1) Clarify the definition to identify that actual “convenience stores” sell a variety of items to include food, beverages, tobacco products, household and pharmaceutical items in one retail business. 3.5 (a)(1) For purposes of this section, convenience store means any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than ten thousand (10,000) square feet of retail floor space. Convenience store does not include any business where there is no retail floor space accessible to the public. (2) For purposes of this section, convenience goods means basic food, beverage, tobacco products, household and pharmaceutical items. 2) Repeal regulations that treat buildings used for convenience store use that are expanding or remodeling differently from other types of commercial buildings expanding or remodeling and treat similar to nonconforming regulations. 3) Repeal regulations that treat buildings converting from another use to a convenience store use differently from other types of retail stores changing use. 4) Not require removal of any existing pole signs, and 5) Not require compliance with current requirements for commercial design standards, landscaping, screening, etc. unless change is greater than 51% of value. Recommendation The Ordinance be adopted
APPOINTMENTS AND REPORTS Resolution - Board Appointment to the Planning and Zoning Commission to an Unexpired Term Administrative Comments 1. This item is recommended by the City Secretary’s Office. 2. Impact: Appointment of Irving residents or qualified members to boards and commissions assures that our residents have a voice in city government. 3. The position under consideration includes one appointment to the Planning and Zoning Commission. Recommendation The resolution be approved.
Mar 31, 2022 City Council
Organizational Service Announcements Invocation Pastor Dennis King, Hope Irving Pledge of Allegiance Proclamations and Special Recognitions
Citizens are invited to speak for three (3) minutes on matters relating to City government and on items not listed on the regular agenda. Public Hearing: Items 1 through 41
CONSENT AGENDA 2 Approving Work Session Minutes for Thursday, March 10, 2022 3 Approving Regular Meeting Minutes for Thursday, March 10, 2022 4 Resolution - Amending the City Council Rules of Procedure Administrative Comments 1. This item is recommended by the City Attorney’s Office and the City Secretary’s Office. 2. Impact: The proposed amendments relate to citizen participation at meetings, along with other minor amendments: providing notice for emergency meetings (in accordance with an update to the Texas Open Meetings Act), allowing work sessions to be held at another building open to the public and on the same day of a regular City Council meeting, authorizing the Deputy Mayor Pro Tem to serve as the presiding officer in the absence of the Mayor Pro Tem, and updating provisions relating to the decorum of councilmembers and citizens in accordance with law. 3. The City Council discussed the proposed amendments at their March 10, 2022 Work Session. Recommendation The resolution be approved. 5 Resolution - Approving of the Landscape Maintenance Agreement Amendment #3 Between the City of Irving and Las Colinas Association Administrative Comments 1. This item is recommended by the Parks and Recreation Department. 2. Impact: The Las Colinas Association (LCA) provides a high level of maintenance of specified city medians, parks and open spaces in Las Colinas. 3. The agreement is amended to include Williams Square Plaza. 4. LCA’s primary responsibility is to maintain the site, turf, landscaping (including trees) and irrigation systems. 5. The City’s primary responsibility is to maintain the sidewalks, glass guardrails, fountain maintenance, lights, and hardscape items. 6. The agreement automatically renews for one-year terms unless otherwise terminated. Recommendation The resolution be approved. 6 Resolution - Approving Event Support Agreement with USA Triathlon In the Amount of $19,702.00 for the 2022 USA Triathlon Multisport National Championships Administrative Comments 1. This item is recommended by the Irving Convention & Visitors Bureau and supports Strategic Plan Goal 3 – Vibrant Economy. 2. Impact: Approval of this resolution will provide financial resources to event organizers to bring the 2022 USA Triathlon Multisport National Championships Festival Event to Irving, April 25 – May 1, 2022, for an economic impact to Texas estimated at more than $1.8 million. 3. The competitions will be held in the Urban Center, including Lake Carolyn and various roads in the Las Colinas area, with the start and finish at the new Levy Plaza. 4. Showcasing the sport’s offering of multiple race formats, the Multisport National Championships Festival will include six National Championship events: Draft-legal Triathlon National Championships; Duathlon (run-bike-run) National Championships; Aquathlon (swim-run) National Championships; Aquabike (swim-bike) National Championships; Super Sprint Triathlon Time Trial National Championships; and Age Group Mixed Relay National Championships. 5. The event also includes a non-championship Olympic-distance triathlon and open water swim competition. Finishers of national championship races at the Festival will have the opportunity to qualify to represent Team USA at the World Triathlon Championships at various international locations in 2023. 6. USA Triathlon considered site locations in Michigan, Wisconsin and Oregon before awarding the event to Irving. 7. The Office of the Governor, Economic Development & Tourism has determined that the estimated incremental increase in tax receipts to the State of Texas attributable to the 2022 USA Triathlon Multisport National Championships Festival Event is $123,131.00. The ICVB will prepare an analysis through an independent third party of the event-related projected revenues after the event. 8. The Events Trust Fund is created by the Office of the Governor, Economic Development & Tourism with contributions from the state and endorsing municipalities. The City will contribute $19,702.00 and the State will contribute $123,131.00. 9. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure. 10. ARPA funds are available to address the negative economic impacts of the pandemic, including aid to impacted industries such as tourism, travel and hospitality. Aid is also available to help reopen travel businesses and organizations that were closed during the pandemic, to respond to the negative economic impacts of the pandemic, and to replace lost public sector revenue and cover government revenue losses that were due to the pandemic, such as hotel occupancy taxes and convention center revenues. 11. The Irving Convention and Visitor Bureau’s Hotel Occupancy revenues have declined significantly since March 2020 due to the COVID-19 pandemic. Per the formula in the Act, the ARPA Calculation of Loss to date for the ICVB and ICC total $10,860,521 for FY 20-21 and $11,460,519 for FY 21-22. 12. Funding in the amount of $19,702.00 is available in the ICVB budget within the General Fund. Recommendation The resolution be approved. 7 Resolution - Designating the Director of the Capital Improvement Program Department to Certify Whether an Architect or Professional Engineer is Required for Construction-Related Goods or Services for Projects Procured from a Purchasing Cooperative Administrative Comments 1. This item is recommended by the Capital Improvement Program. This item supports Strategic Objective Goal 2.5 – Support strategic investments in city facilities. 2. Impact: The use of purchasing cooperative for minor construction, repair, and renovation services allow the City to efficiently address infrastructure issues on an as-needed basis. 3. The Interlocal Cooperative Act, Section 791 of the Texas Government Code requires a person to be designated by City Council to make certification of construction-related goods or services obtained through a purchasing cooperative for amounts greater than $50,000 prior to a contract being entered. 4. As the designated person, the CIP Director will certify either that the project for which the construction-related goods or services are being procured does not require the preparation of plans and specifications or that the plans and specifications have already been prepared. Recommendation The resolution be approved. 8 Resolution - Approving a Professional Services Agreement Between the City of Irving and Elements of Architecture, Inc., in the Amount of $122,490.00, for Design Services for the Replacement of the City Hall Elevators Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.5 – Support strategic investments in city facilities. 2. Impact: This agreement will provide design services for the replacement of the City Hall elevators. 3. This design will provide plans and specifications for the replacement of the City Hall elevators. As part of this agreement, Elements of Architecture, Inc., will provide construction administration services during the replacement. 4. Request for qualifications were solicited for these services, qualifications were received from three (3) firms. Elements of Architecture, Inc., was determined to be the firm most highly qualified provider for the services solicited. 5. Minority- and/or Women-owned Business (M/WBE) participation in this award is 100%. 6. Funding in the amount of $122,490.00 is available within the City Building Improvement Bond Fund. Recommendation The resolution be approved. 9 Resolution - Approving a Professional Services Agreement Between the City of Irving and RWB Consulting Engineers in the Amount of $249,500.00, for the Assessment of City Generators Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and Fire Department. It supports Strategic Objective 2.5 – Support strategic investments in city facilities. 2. Impact: This agreement will provide for the assessment of the generators at facilities throughout the City. 3. This assessment will help determine the current status of city generators in order to develop a plan to ensure functionality of city facilities under adverse conditions. This assessment will cover ninety locations. 4. Request for qualifications were solicited for these services. Qualifications were received from 14 firms. Three were chosen to be interviewed. RWB Consulting Engineers, was determined to be the firm most highly qualified provider for the services solicited. 5. Funding of this item has been requested from the American Rescue Plan Act (ARPA) funds received by the City; the City’s ARPA team has reviewed this request and recommends the use of ARPA funds for this expenditure. 6. Funding in the amount of $200,000.00 is available within the American Rescue Plan Act Fund and funding in the amount of $49,500.00 is available within the Non-Bond CIP Fund. Recommendation The resolution be approved. 10 Resolution - Awarding a Contract to Mart, Inc., in the Amount of $311,712.50 for the CDBG Funded West Park Restroom Replacement Project Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 4.5 – Implement enhancements to cultural and recreational facilities. 2. Impact: This project will replace the existing outdoor restroom and will provide an accessible ADA route from the existing picnic pavilion and basketball court. 3. This item was presented to the Parks and Recreation Advisory Board on January 13, 2022. 4. The existing restroom building was built in the 1980’s as an open-air structure and is now showing signs of disrepair. The foundation has shifted and has caused major crack in the walls. Also, due to being open-air, the structure must shut down in the wintertime to keep pipes from freezing. 5. Approval of this contract will allow for the demolition of the existing restroom building, installation of an in-place prefabricated restroom building with adjoining concrete foundation and provide ADA accessible concrete sidewalks. 6. Bids were received from one (1) bidder. Mart, Inc., submitted the lowest responsive bid of $268,823.50. 7. It is recommended to award Alternate Bid Item 1 in amount of $42,889.00 for offsite monitoring software of the locks, lights and water flow. This will make the total award $311,712.50. 8. This project is being funded through the U.S. Department of Housing and Urban Development Community Block Development Grant Program. 9. Funding in the amount of $311,712.50 is available in the Community Development Block Grant Fund. Recommendation The resolution be approved. 11 Resolution - Repealing an Award to MART, Inc., in the Amount of $217,795.00 for the 2022 Miscellaneous Demolition Project through The Interlocal Purchasing System (TIPS) Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.3 – Expand, Extend and Maintain the major thoroughfare network. 2. Impact: This item supports the ROAD TO THE FUTURE Program and the Drainage Solutions for a Better Tomorrow Program. 3. An item was presented to Council for approval on January 13, 2022 to engage Mart, Inc., for the 2022 Miscellaneous Demolition Project for asbestos abatement and demolition of four city-owned structures utilizing TIPS Contract No. 200201 for Trades, Labor & Materials (JOC) which was approved by Resolution No. 2022-3. After further review, Staff has determined that it is in the best interest of the City of Irving to repeal this resolution and instead proceed with a standard bidding process for this project. Recommendation The resolution be approved. 12 Resolution - Authorizing the Expenditure with Cousins Waterproofing LLC, dba Next Gen Construction, in the Amount of $263,500.00 for the Fire Station No. 8 Roof Replacement Project through The Interlocal Purchasing System (TIPS) Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective 2.5 – Support strategic investments in city facilities. 2. Impact: This project will provide replacement of the roof at Fire Station 8. 3. The existing tile roof will be replaced with a new standing seam metal roof. 4. This project utilizes a Vendor/Member Contract between the City of Irving and Cousin’s Waterproofing LLC, dba Next Gen Construction, which was approved on October 14, 2021, by RES-2021-390. This contract supports the utilization of TIPS Contract No. 200201 to obtain trades, labor, and materials, which has been renewed through April 30, 2023. 5. Funding in the amount of $263,500.00 is available within the City Building Improvement Bond Fund. Recommendation The resolution be approved. 13 Resolution - Approving Change Order No. 1 to the Contract with Austin Filter Systems, Inc., in the Amount of $795,920.00 for the Upper Delaware Creek Improvements Project Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. It supports Strategic Objective: 2.4 - Maintain and extend water, wastewater and storm water systems. 2. Impact: This change order will provide funding to cover the road replacement of Pilgrim Drive (1,460-feet) from Puritan Drive to William Brewster Street. 3. This change order increases the contract by 3.7% and 100 calendar days. 4. Staff has negotiated a fair and reasonable price for this change order based on existing unit prices in the contract where applicable. 5. Funding in the amount of $795,920.00 is available within the Street Improvement Bond Fund. Recommendation The resolution be approved. 14 Resolution - Approving a Sole Source Software Subscription Agreement Between the City of Irving and Origami Risk LLC in the Total Estimated Amount of $234,850.00 for a Risk Management Information System Administrative Comments 1. This item is recommended by the Information Technology Department and the Human Resource Department. It supports Strategic Objective 4.2: Leverage information technology to drive efficient and responsive service delivery. 2. Impact: Currently the city maintains claims independent of their Third-Party Administrator. All non-liability claims are handled internally and supported currently through a make-shift system of spreadsheets, file folders, and disorganization. The purchase of the Origami software will allow for all incidents reports done by City employees (Workers’ Compensation, Vehicle, Property Damage, etc.) to be completed via an online, mobile friendly, reporting system. This will be critical to ensure that claims are set up as quickly as possible in order to mitigate the City’s losses. 3. Origami will also include a Safety Platform that will allow the Risk Management team to conduct safety inspections in an effort to create a safe and friendly environment for the city employees, residents, and businesses. 4. Funding for Fiscal Year 2021-22 in the amount of $119,250.00 is available in the Risk Management Fund, while funding for Fiscal Years 2022-23 and 2023-24, are subject to budget appropriation. Vendor Services Provided Estimated Expenditure Fiscal Year(s) Origami Risk LLC Year One (software implementation, training, license fees, and support) $ 119,250.00 2021-22 Year Two (license fees and support) $ 57,800.00 2022-23 Year Three (license fees and support) $ 57,800.00 2023-24 TOTAL $234,850.00 Recommendation The resolution be approved. Bids & Purchasing Items 15-31 15 Resolution - Approving Amendment No. 1 to the Professional Services Agreement between the City of Irving and Avenue Insights & Analytics, LLC, for the Retroactive Renewal of Sales Tax Compliance, Monitoring, Forecasting, and Reporting Services Administrative Comments 1. This item is recommended by the Financial Services Department. 2. Impact: Through utilization of this contract, the city is able to recover sales tax collections that have been misfiled or were not paid correctly to the city going back four years. The contract also allows for increased analysis and review of sales tax revenues that would otherwise not be possible without adding additional city personnel. 3. The city has over 10,000 businesses with 1,000 new sales tax permits added each year. Sales tax geographical analysis provides a tool for economic development to better gauge the commercial viability of an area and make better informed development incentive agreements. 4. The annual fee for sales tax analysis and reporting is $12,500, or $3,125.00 per quarter. Additional specific reports are available as requested, with an anticipated annual cost of $5,000.00 ($1,000.00 per report with a one-time setup fee of $500.00 per report). Although the contract allows for the annual fee and optional fees to increase annually at least 2% but not more than 10% per the Consumer Price Index for Dallas County, there is no change in the cost of services for the upcoming renewal term. The fee for sales tax recovery is a 25% contingency of revenues recovered. 5. This renewal establishes the continuation of a contract for sales tax compliance, monitoring, forecasting and reporting. The original agreement was awarded to the respondent receiving the highest evaluation criteria score through a Request for Proposals process. This retroactive approval is for the first of three, one-year renewals for this contract for the period of March 21, 2022, through March 20, 2023. 6. Funding for Fiscal Year 2021-22 is available in the Financial Services Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Recommendation The resolution be approved. 16 Resolution - Approving As-Needed Expenditures with Ad-A-Staff, Inc., in the Total Estimated Amount of $275,000.00 for Temporary Staffing Services through the North Texas SHARE Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Human Resources Department. 2. Impact: Utilization of this contract with Ad-A-Staff allows the city to find temporary staffing that can immediately engage in various open positions in order to maintain a continuity of operations while recruitment occurs or to supplement existing operations. 3. Use of these services is supported by a Vendor/Member contract between the City of Irving and Ad-A-Staff, Inc., which was approved on March 18, 2022 through Administrative Award No. 7734 for utilization of North Texas SHARE Contract No. NCT-2021-05 for temporary staffing services which expires on June 25, 2023. 4. Per the terms of the North Texas Share agreement, the city has negotiated specific hourly rates for certain positions as shown in the attached Exhibit. 5. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation. 6. Because this annual contact runs from April 2022 through June 2023, it is possible that more than the estimated amounts shown in the chart below may be spent in one operating year or the other as long as there are budget funds available to accommodate that year’s additional purchases and the total contract award amount is not exceeded. Vendor Spending Term Total Estimated Amount Fiscal Year(s) Ad-A-Staff, Inc. 4/1/22 – 6/25/23 $110,000.00 2021-22 $165,000.00 2022-23 TOTAL AMOUNT NOT TO EXCEED $275,000.00 Recommendation The resolution be approved. 17 Resolution - Approving Additional As-Needed Expenditures with Galls, LLC, in the Total Estimated Amount of $155,500.00 for First Responder Uniforms, Accessories, and Services through the North Texas SHARE Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Police, Code Enforcement, Inspections, and Information Technology departments and the Irving Arts Center. 2. Impact: Authorizing additional as-needed expenditures will allow the Police Department to continue purchasing law enforcement uniforms and other related duty gear. In addition, this contract will support the needs of the other departments listed above who wear tactical uniforms in performance of their duties. 3. These purchases are supported by a Vendor/Member contract between the City of Irving and Galls, LLC, which was approved on January 24, 2022, through Administrative Award No. 7628 for utilization of North Texas SHARE Contract No. 2021-073 for first responder uniforms, accessories, and services, which expires on November 1, 2022. 4. Funding for Fiscal Year 2021-22 is available in Police, Code Enforcement, and Inspections departmental budgets within the General Fund, the Technology Fund, and the Irving Arts Center General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Spending Term Total Estimated Amount Fiscal Year(s) Galls, LLC 4/1/22 – 11/1/22 $93,000.00 2021-22 $62,500.00 2022-23 TOTAL $155,500.00 Recommendation The resolution be approved. 18 Resolution - Approving As-Needed Expenditures with Facility Solutions Group, Inc., in the Total Estimated Amount of $300,000.00 for the Purchase of Energy Saving Lighting Products and Installation Services through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and Parks & Recreation Department. 2. Impact: Approval of this contract will allow the city to purchase a variety of LED lights & fixtures, improved low energy lighting systems and security lighting for our parks, recreation centers, city facilities buildings through utilization of BuyBoard Contract No. 602-20. 3. A Vendor/Member contract between the City of Irving and Facility Solutions Group, Inc. was approved on July 30, 2020, by RES-2020-262. The contract supports utilization of BuyBoard Contract No. 602-20 for energy saving lighting products which has been renewed through March 31, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program and Parks & Recreation department budgets within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Estimated Amount Fiscal Year(s) Facility Solutions Group, Inc. 4/1/22 - 3/31/23 $150,000.00 2021-22 $150,000.00 2022-23 Total $300,000.00 Recommendation The resolution be approved. 19 Resolution - Approving As-Needed Expenditures with McMillan James Equipment Company, LLC in the Total Estimated Amount of $200,000.00 for Service and Repairs of Pumping Systems and Dectron Units through The Interlocal Purchasing System (TIPS) Program Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Parks & Recreation and Capital Improvement Program (CIP) departments. 2. Impact: Approval of this item will allow for full-service maintenance of pumping systems at various park facilities including the aquatic centers, spray parks, neighborhood pools, ornamental water fountains, fountains in ponds, and Dectron units that control air and water temperature located at Heritage Senior Center. The item will be used by the Facilities Division of CIP to repair and replace chiller pumps. 3. A Vendor/Member contract between the City of Irving and McMillan James Equipment Company, LLC, was approved on June 25, 2020, by RES-2020-200. The contract supports utilization of TIPS Contract No. 200201 for Trades, Labor, and Materials, which has been renewed through April 30, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Parks & Recreation and Capital Improvement Program department budgets within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Spending Term Total Estimated Amount Fiscal Year(s) McMillan James Equipment Company, LLC 5/1/22 – 4/30/23 $ 50,000.00 2021-22 $150,000.00 2022-23 TOTAL $200,000.00 Recommendation The resolution be approved. 20 Resolution - Approving Expenditures with Cousin's Waterproofing LLC, dba Next Gen Construction in the Total Estimated Amount of $385,000.00 for Minor Construction, Repair, and Renovation Services through the Interlocal Purchasing System (TIPS) Program Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: Approval of this contract will allow the city to address as-needed small construction projects, minor remodeling, and emergency response situations in a timely and cost-effective manner during heavy workload periods for the Facilities Division. 3. A Vendor/Member Contract between the City of Irving and Cousin’s Waterproofing LLC, dba Next Gen Construction, was approved on October 14, 2021, by RES-2021-390. This contract supports the utilization of TIPS Contract No. 200201 to obtain trades, labor, and materials services, which has been renewed through April 30, 2023. 4. Funding for Fiscal Year 2021-22 is available in various departmental budgets within various funds, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Estimated Amount Fiscal Year Cousin’s Waterproofing LLC, dba Next Gen Construction 5/1/22 – 4/30/23 $130,000.00 2021-22 $255,000.00 2022-23 TOTAL $385,000.00 Recommendation The resolution be approved. 21 Resolution - Authorizing As-Needed Expenditures with Air Conditioning Innovative Solutions, Inc. (ACIS), in the Total Estimated Amount of $400,000.00 for HVAC Equipment Purchases, Installation, Repair, and Parts through The Interlocal Purchasing System (TIPS) Program Administered by the Region VIII Education Service Center Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: Approval of this item will provide for as-needed repairs of HVAC equipment at more than 60 facilities in order to maintain the comfort and safety of city facilities through utilization of TIPS Contract No. 200201. 3. A Vendor/Member contract between the City of Irving and ACIS was approved on June 25, 2020 by RES-2020-203. The contract supports utilization of TIPS Contract No. 200201 for Trades, Labor & Materials (JOC) which has been renewed through April 30, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program Department budget with the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Spending Term Total Estimated Amount Fiscal Year(s) Air Conditioning Innovative Solutions, Inc. 5/1/22 – 4/30/23 $135,000.00 2021-22 $265,000.00 2022-23 TOTAL ESTIMATED AMOUNT $400,000.00 Recommendation The resolution be approved. 22 Resolution - Approving As-Needed Expenditures with Dealers Electrical Supply Co., in the Total Estimated Amount of $140,000.00 for the Purchase of Lighting Products through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Capital Improvement Program and Parks & Recreation departments. 2. Impact: Approval of this item will allow the city to purchase energy saving lighting products for the maintenance of various city facilities. 3. A Vendor/Member Contract between the City of Irving and Dealers Electrical Supply Co. was approved on August 5, 2021, by RES-2021-277. This contract supports the utilization of BuyBoard Contract No. 602-20, for energy saving lighting products, which has been renewed through March 31, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Capital Improvement Program and Parks & Recreation Department budgets within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Estimated Amount Fiscal Year(s) Dealers Electrical Supply Co. 4/1/22 – 3/31/23 $ 15,000.00 2021-22 $125,000.00 2022-23 TOTAL $140,000.00 Recommendation The resolution be approved. 23 Resolution - Approving a Vendor/Member Contract Pursuant to a Cooperative Purchasing Agreement Between the City of Irving and AllTerra Central, Inc., through the State of Texas Department of Information Resources (DIR) Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and the Financial Services Department – Purchasing Division. 2. Impact: Establishment of a Vendor/Member Contract between the City of Irving and Allterra Central Inc., an authorized dealer of Trimble, Inc., for utilization of Texas Department of Information Resources (DIR) Contract No. DIR-CPO-4504, which expires on November 10, 2022 will allow the city to procure surveying equipment and the accompanying licensing. 3. Approval of this item allows for the purchase of surveying equipment and licensing as presented in the following item on this agenda as well as any future purchases from this vendor through the designated DIR contract during the specified contract term. Recommendation The resolution be approved. 24 Resolution - Approving the Expenditure with AllTerra Central, Inc., in the Total Estimated Amount of $62,433.12 for Surveying Equipment and GPS Network Subscriptions for Capital Improvement Program through the State of Texas Department of Information Resources (DIR) Cooperative Purchasing Program Administrative Comments 1. This item is recommended by the Capital Improvement Program Department. 2. Impact: Purchases of field surveying equipment, with current technology upgrades, will allow the Capital Improvement Program surveying staff to continuously provide professional land surveying services. This benefits the City by providing surveying information for engineering design of roads, water and wastewater mains, drainage projects, parks, and building facilities, as well as property and easement exhibits for real estate transactions. 3. This purchase is supported by a Vendor/Member contract between the City of Irving and AllTerra Central, Inc., utilizing DIR Contract No. DIR-CPO-4504 for Geographic Information Systems (GIS) Hardware, Software, and Services and Information Technology (IT) Based Surveying Hardware, Software and Related Services, which expires on November 10, 2022, which is presented as the previous item on this agenda. 4. The attached quote includes new field surveying equipment to replace existing equipment no longer supported by the manufacturer, subscriptions to a GPS network to measure state plane coordinates, and a multitrack target to replace one damaged beyond repair. 5. Funding in the amount of $62,433.12 is available in the Capital Improvement Program Department budget within the General Fund and in the Self Insurance Fund. Recommendation The resolution be approved. 25 Resolution - Approving and Accepting the Bid of Crafco Inc., in the Total Estimated Amount of $90,000.00 for Crack Sealing Compound & Asphalt Cold Patch Materials Administrative Comments 1. This item is recommended by the Traffic & Transportation Department. 2. Impact: This contract supports the Road to the Future program. Crack sealing compound and asphalt cold patch materials are utilized by the Streets Division to maintain and enhance mobility for the safe and effective transit of motorists throughout the City of Irving. The award of this contract will provide the necessary resource to expedite repair of damaged existing roadways. 3. This award establishes an annual contract for the continuation of providing crack sealing and asphalt cold patch materials. The contract is subject to two, one-year renewal options. 4. Funding for Fiscal Year 2021-22 is available in the Traffic & Transportation Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Estimated Expenditure Fiscal Year(s) Crafco, Inc. 4/1/22 – 3/31/23 $45,000.00 2021-22 $45,000.00 2022-23 TOTAL $90,000.00 Recommendation The resolution be approved. 26 Resolution - Authorizing As-Needed Purchases with Paradigm Traffic Systems, Inc., in the Total Estimated Amount of $250,000.00 for Traffic Signal Parts and Equipment through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Traffic & Transportation Department. 2. Impact: Approval of this item will allow the Traffic & Transportation Department to procure parts and equipment for installing and maintaining traffic signals within the City of Irving. Typical traffic signal equipment to be purchased through this contract includes but is not limited to: alpha battery backup units, traffic signal heads, traffic signal LEDs, traffic signal head back plates, forward-looking infrared camera systems and replacement parts, and traffic signal cabinets. 3. A Vendor/Member Contract between the City of Irving and Paradigm Traffic Systems, Inc., was approved on May 7, 2020 by RES-2020-151. The contract supports utilization of BuyBoard Contract No. 603-20 for Public Safety & Fire House Supplies & Equipment, which has been renewed through March 31, 2023. 4. Funding for Fiscal Year 2021-22 is available in the Non-Bond CIP Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Estimated Expenditures Fiscal Year(s) Paradigm Traffic Systems, Inc. 4/1/22 – 3/31/23 $125,000.00 2021-22 $125,000.00 2022-23 TOTAL $250,000.00 Recommendation The resolution be approved. 27 Resolution - Renewing the Annual Contract with Martin Marietta Materials in the Total Estimated Amount of $470,000.00 for Concrete Making Materials Administrative Comments 1. This item is recommended by the Traffic & Transportation Department. 2. Impact: This contract supports the Road to the Future program. This contract will provide cement, rock and sand aggregates that meet the specifications for use with the city’s volumetric mixer. Meeting these industry standard specifications will help ensure the volumetric mixer maintains a uniform product that meets the quality standards necessary to make concrete repairs to the infrastructure and to maintain the safety of the transportation network within the City of Irving. 3. This renewal establishes the continuation of an annual contract to provide concrete making materials. The current contract expires on March 31, 2022. This is the second and final one-year renewal option. 4. Funding for Fiscal Year 2021-22 is available in the Traffic & Transportation Department budget within the General Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Estimated Expenditure Fiscal Year(s) Martin Marietta Materials 4/1/22 – 3/31/23 $235,000.00 2021-22 $235,000.00 2022-23 TOTAL $470,000.00 Recommendation The resolution be approved. 28 Resolution - Renewing the Annual Contract with Herco Equipment, Inc., in the Total Estimated Amount of $80,000.00 for Motor Vehicle Hydraulic Repairs & Optional Parts Only Purchases Administrative Comments 1. This item is recommended by the Fleet Services Division. 2. Impact: Approval of this item provides for the rebuild of hydraulic rotation motors and repairs of hydraulic cylinders in heavy equipment with minimum downtime and to maintain high levels of service. It also provides for the purchase of parts needed for repairs and maintenance performed by Fleet Services. 3. This renewal establishes the continuation of an annual contract to provide as-needed motor vehicle hydraulic repairs and parts only purchases. Repairs done under this contract supplement the routine preventive maintenance services provided by the Fleet Services Division. This is the second and final one-year renewal option. The current contract expires on April 30, 2022. 4. Funding for Fiscal Year 2021-22 is available in the Garage Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Est. Expenditure Fiscal Year(s) Herco Equipment, Inc. 5/1/22 - 4/30/23 $37,600.00 2021-22 $42,400.00 2022-23 TOTAL $80,000.00 Recommendation The resolution be approved. 29 Resolution - Approving the Purchase from Vermeer Equipment of Texas, LLC dba Vermeer Texas-Louisiana of a 2022 Vermeer VXT500 Hydro Excavator on a 2022 Mack Granite Chassis Truck in the Total Estimated Amount of $464,904.20 through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by Water Utilities Department and approved by the Fleet Services Division. 2. Impact: Addition of supplemental equipment will increase effectiveness in repairing and maintaining the infrastructure and better support the needs of Water Utilities Department and the residents of Irving. 3. This purchase is supported by a Vendor/Member contract between the City of Irving and Vermeer Equipment of Texas LLC dba Vermeer Texas-Louisiana utilizing BuyBoard Contract No. 597-19 for Construction, Road and Bridge, Ditching, Trenching, and other Equipment, which has been renewed through November 30, 2022. 4. Funding is available in the Water & Sewer System Non-Bond CIP Fund. Department Item Description Total Est. Expenditure Water Utilities 2022 Vermeer VXT500 Hydro Excavator on a 2022 Mack Granite Chassis Truck $464,904.20 Recommendation The resolution be approved. 30 Resolution - Approving the Purchase of a 2023 Chevrolet Tahoe 4X4 Commercial Truck from Caldwell Country Chevrolet in the Total Estimated Amount of $52,380.00 through the State of Texas Local Government Statewide Cooperative Purchasing Program (BuyBoard) Administrative Comments 1. This item is recommended by the Capital Improvement Program Department and approved by the Fleet Services Division. 2. Impact: The purchase of this supplemental vehicle will ensure that the Municipal Drainage Utility department maintains an adequate and reliable fleet for staff to provide exceptional services related to drainage, construction, and private development projects. 3. A Vendor/Member contract between the City of Irving and Caldwell Country Chevrolet was approved on October 21, 2020, by Administrative Award No. 7005. The contract supports utilization of BuyBoard Contract No. 601-19 for Vehicles, Heavy Duty Trucks, Police Motorcycles, Parts, and Service Labor, which has been renewed through November 30, 2022. 4. Funding is available in the Municipal Drainage Utility Fund. Department Item Description Total Est. Expenditure Capital Improvement Program 2023 Chevrolet Tahoe 4X4 CC10706, 5.3L V8 engine Truck $52,380.00 Recommendation The resolution be approved. 31 Resolution - Renewing the Annual Contract with Commdex Consulting, LLC, in the Total Estimated Amount of $401,000.00 for Fiber Optic Network Maintenance Services Administrative Comments 1. This item is recommended by the Information Technology Department. 2. Impact: Purchases under this contract will provide fiber optic repairs and new installations services necessary to maintain the city-owned fiber optic network which supports the City’s most critical data systems. These systems include the public safety radio system, outdoor warning system, and fire station alerting as well as other mission critical communication systems. 3. This renewal establishes the continuation of an annual contract to provide fiber optic network repair and new installation services. This is second and final, one-year renewal option. The current contract expires on March 31, 2022. 4. Funding for Fiscal Year 2021-22 is available in the Technology Fund, while funding for Fiscal Year 2022-23 is subject to budget appropriation. Vendor Contract Term Total Amount Not to Exceed Fiscal Year(s) Commdex Consulting, LLC 4/1/22 – 3/31/23 $200,500.00 2021-22 $200,500.00 2022-23 TOTAL $401,000.00 Recommendation The resolution be approved. End of Bids 32 Ordinance - Authorizing the Issuance of City of Irving, Texas, Solid Waste Disposal System Revenue Refunding Bonds, Taxable Series 2022, in an Aggregate Principal Amount of Not to Exceed $22,000,000; Awarding the Sale Thereof; Authorizing the Execution and Delivery of a Paying Agent/Registrar Agreement and a Purchase Agreement; and Enacting Provisions Incident and Relating to the Subject and Purposes of This Ordinance Administrative Comments 1. This item supports Strategic Goal No. 3: Economic Development. 2. Impact: Approval of this Ordinance will allow the City to refund an existing debt relating to economic development efforts in the Heritage District. 3. The City entered into an economic development program with Heritage District, LLC to redevelop and initiate economic development in the Heritage District. The Developer obtained a Loan Agreement from Comerica Bank to purchase land for redevelopment. 4. The City provided credit enhancement for that Loan Agreement and entered into a series of agreements with Comerica Bank culminating in the Amended, Restated, and Consolidated Loan Purchase and Sale Agreement and Amended, Restated and Consolidated Eurodollar Rate - Demand Note, each dated October 14, 2008 (together, the “Agreement”), whereby the City agreed, upon certain sale trigger events, to purchase the Loan Agreement from the Bank and execute a Demand Note in favor of the Bank for payment of the Loan Agreement 5. On May 10, 2012, the City issued Solid Waste Disposal System Revenue Refunding Bonds, Taxable, Series 2012 in the aggregate principal amount of $29,095,000 for payment of the Loan Agreement. Regions Bank originally purchased and is still the Owner of the Series 2012 Bonds. 6. The 2022 Bonds will be secured by a pledge of Solid Waste Disposal System revenues. 7. Regions Commercial Equipment Finance, LLC, which is an affiliate of Regions Bank, will purchase the 2022 Bonds as part of a private placement sale. The City will not be required to prepare an official statement for the 2022 Bonds. 8. The 2022 Bonds will have an interest rate of 3.10% and will have a final maturity of August 15, 2032, which is also the final maturity date for the 2012 Bonds being refunded. 9. The final principal amount and debt service savings (expected to be approximately $1,200,000) will be finalized prior to the Council’s consideration of the Ordinance at the March 31 Council meeting. Recommendation The ordinance be adopted. 33 Ordinance - Authorizing the Issuance and Sale from Time to Time of One or More Series of City of Irving, Texas, General Obligation Bonds, General Obligation Refunding Bonds and General Obligation Refunding and Improvement Bonds, in an Aggregate Principal Amount of Not to Exceed $101,650,000; Levying a Tax in Payment Thereof; Providing for the Award and Sale Thereof in Accordance with Specified Parameters; Authorizing the Execution and Delivery of One or More Paying Agent/Registrar Agreements, One or More Purchase Agreements, and One or More Deposit or Escrow Agreements; Approving the Preparation of One or More Official Statements; Approving a Disclosure Counsel Engagement Letter; and Enacting Provisions Relating to the Subject Administrative Comments 1. This item is recommended by the Financial Services Department. 2. Impact: Upon approval of this Ordinance, Financial Services will proceed with the steps for the issuance of the General Obligation Bonds, General Obligation Refunding Bonds and/or General Obligation Refunding and Improvement Bonds (the “Bonds”). 3. The Bonds are being issued to (a) construct the capital improvement projects listed in Exhibit A and (b) refund a portion of the General Obligation Refunding and Improvement Bonds, Series 2012. 4. Sale of the bonds will be subject to the parameter limitations set forth in the Ordinance. The parameters generally are: a) The net effective interest rate on the Bonds shall not exceed 15%, the maximum rate set forth in Chapter 1204, Texas Government Code, as amended; b) The Bonds issued for capital improvement projects will have a maturity date no later than September 15, 2052; c) The aggregate principal amount of the Bonds issued for capital improvement projects will not exceed $90,650,000; d) The Bonds issued to refund the Series 2012 Bonds will have a maturity date no later than September 15, 2032; e) The aggregate principal amount of the Bonds issued to refund the Series 2012 Bonds will not exceed $11,000,000; f) Savings resulting from the refunding shall be no less than 3% 5. The City Manager and/or the Chief Financial Officer and Hilltop Securities will provide confirmation that the specified parameters are met to fulfill the need for timely financing. 6. When and if the parameters for the bond sale are met, the Ordinance authorizes the authorized officers to move forward with the actual issuance of the bonds. The authority expires in 365 days if the bonds are not issued prior to such time. Recommendation The ordinance be adopted. 34 Ordinance - Authorizing the Issuance and Sale from Time to Time of One or More Series of City of Irving, Texas, Tax Notes, in an Aggregate Principal Amount of Not to Exceed $21,000,000; Levying a Tax in Payment Thereof; Providing for the Award and Sale Thereof in Accordance with Specified Parameters; Authorizing the Execution and Delivery of One or More Paying Agent/Registrar Agreements and One or More Purchase Agreements; Approving the Preparation of One or More Official Statements; Approving a Disclosure Counsel Engagement Letter; and Enacting Provisions Relating to the Subject Administrative Comments 1. This item is recommended by the Financial Services Department 2. Impact: Upon approval of this Ordinance, Financial Services will proceed with the steps for the issuance of one or more series of the Tax Notes (the “Notes”). 3. The Notes are being issued to (i) construct the Conflans Road capital improvement project and (ii) purchase a Fire Pumper vehicle both listed in Exhibit A. 4. Sale of the Notes will be subject to the parameter limitations set forth in the Ordinance. The parameters generally are: a) The net effective interest rate on the Notes shall not exceed 15%, the maximum rate set forth in Chapter 1204, Texas Government Code, as amended b) The Notes will have a maturity date no later than September 15, 2027 c) The aggregate principal amount of the Bonds issued for the Conflans Road capital improvement project will not exceed $20,000,000 d) The aggregate principal amount of the Notes issued for the Fire Pumper vehicle will not exceed $1,000,000 5. The City Manager and/or the Chief Financial Officer and Hilltop Securities will provide confirmation that the specified parameters are met to fulfill the need for timely financing. 6. When and if the parameters for the Note sale are met, the Ordinance authorizes the authorized officers to move forward with the actual issuance of the Notes. The authority expires in 365 days if the bonds are not issued prior to such time. Recommendation The ordinance be adopted. 35 Ordinance - Authorizing the Issuance and Sale from Time to Time of One or More Series of City of Irving, Texas, Waterworks and Sewer System New Lien Revenue Bonds, New Lien Revenue Refunding Bonds and New Lien Revenue Refunding and Improvement Bonds in the Aggregate Principal Amount of Not to Exceed $36,000,000; Providing for the Award and Sale Thereof in Accordance with Specified Parameters; Authorizing the Execution and Delivery of One or More Paying Agent/Registrar Agreements, One or More Purchase Agreements and One or More Deposit or Escrow Agreements; Approving the Preparation of One or More Official Statements; Approving a Disclosure Counsel Engagement Letter; and Enacting Provisions Relating to the Subject Administrative Comments 1. This item is recommended by the Financial Services Department. 2. Impact: Upon approval of this Ordinance, Financial Services will proceed with the steps for the issuance of the Waterworks and Sewer System New Lien Revenue Bonds, New Lien Revenue Refunding Bonds and/or New Lien Revenue Refunding and Improvement Bonds (the “Bonds”). 3. The Bonds are being issued to (a) construct the capital improvement projects listed in Exhibit A and (b) refund a portion of the Waterworks and Sewer System New Lien Revenue Refunding Bonds, Series 2012. 4. Sale of the bonds will be subject to the parameter limitations set forth in the Ordinance. The parameters generally are: a) The net effective interest rate on the Bonds shall not exceed 15%, the maximum rate set forth in Chapter 1204, Texas Government Code, as amended b) The Bonds will have a maturity date no later than August 15, 2042 c) The aggregate principal amount of the Bonds issued for capital improvement projects will not exceed $25,600,000 d) The aggregate principal amount of the Bonds issued to refund the Series 2012 Bonds will not exceed $10,400,000 e) Savings resulting from the refunding no less than 3% 5. The City Manager and/or the Chief Financial Officer and Hilltop Securities will provide confirmation that the specified parameters are met to fulfill the need for timely financing. 6. When and if the parameters for the bond sale are met, the Ordinance authorizes the authorized officers to move forward with the actual issuance of the bonds. The authority expires in 365 days if the bonds are not issued prior to such time. Recommendation The ordinance be adopted. 36 Ordinance - Authorizing the Abandonment and Vacation of Certain Portions of a Wastewater Easement at 2450 Valley View Lane, for ICM Valley View, LP. a Delaware Limited Partnership Administrative Comments 1. This item has been recommended by the Capital Improvement Program and Water Utilities Department. 2. Impact: The abandonment is requested by ICM Valley View, LP, to allow for development of the site. 3. The 15-foot (9,807 sq. ft) wastewater easement runs along the center of the property which hinders the opportunity for development. The developer plans on platting a 70-foot drainage and sewer easement along the south property line. 4. The utilities within the easement area will be relocated by the owner to allow the redevelopment of the property. 5. The Capital Improvement Program and Water Utilities Departments support the requested abandonment of the wastewater easement. Recommendation The ordinance be adopted.
ZONING CASES AND COMPANION ITEMS Ordinance - ZC21-0081 - Considering a Zoning Change from C-C “Community Commercial” and S-P-1 (R-AB) “Detailed Site Plan – Restaurant with the Attendant Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption” and State Highway 183 Overlay District to S-P-1 (C-C) “Detailed Site Plan – Community Commercial” and State Highway 183 Overlay District - Approximately 1.49 Acres Located at 2845 W. Airport Freeway - Smith Holdings, Applicant; JMR Properties, Owner (Postponed from February 24, 2022) Administrative Comments 1. The Planning and Zoning Commission Hearing Date and Recommendation: February 7, 2022 – Approval 6-0 Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, and Joy Commissioner absent: Patel, Kliner, Prichard 2. The subject property is a 1.49-acre vacant. The applicant is requesting a zoning change to allow for retail uses and motorcycle sales and service including outdoor display. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Commercial Corridor uses for this property. This land use category is described as an auto-oriented district for retail, office, and commercial uses with parking in front with buildings set back from the street and low to midrise buildings. The requested zoning is in conformance with the Comprehensive Plan. 4. The lot was previously occupied by a restaurant that was demolished in 2011 and is currently under two separate zoning districts. The northern portion is zoned C-C “Community Commercial”, and the southern portion is zoned S-P-1 (R-AB) “Detailed Site Plan - Restaurant with the Attendant Accessory use of the Sale of Alcoholic Beverages for On Premises Consumption”. Additionally, the property is under Subdistrict C of the State Highway 183 Overlay District. 5. The proposed use of indoor motorcycle sales and service is allowed under the C-C zoning district and State Highway 183 Overlay District. However, per UDC Chapter 3.18.3, all retail sales are to be inside an enclosed building, and merchandise intended as outdoor display is limited to being within five (5) feet of the building and is to be brought inside every night. 6. The applicant is requesting a variance to allow outdoor display beyond 5 feet of the building. The site plan includes an outdoor display area encircling the building. No items will be left outside overnight, so there is no “outside storage” associated with this case. 7. All other development will comply with the State Highway 183 Overlay District. 8. Since all items will be brought inside at night and there is no “outside storage”, staff can support this request. 9. A total of nine (9) public notices were mailed. Staff has received one (1) response in support and none in opposition to this request. 10. On February 24, 2022, this case was postponed at the applicant’s request. No changes have been made to the site plan, and no updates have been provided by the applicant. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
38 Ordinance - ZC22-0004 - Considering a Zoning Change from C-O “Commercial Office” to S-P-1 (R-AB) “Detailed Site Plan – Restaurant with the Attendant Accessory Use of the Sale of Alcoholic Beverages for On-Premises Consumption" and Hotel and Related Uses - Approximately 2.485 Acres Located at 1320 Greenway Drive - East Star Design, Applicant; NB Greenway, LLC, Owner Administrative Comments 1. The Planning and Zoning Commission recommended Approval on March 7, 2022 by a vote of 8-0. Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, Joy, Patel, and Prichard Commissioner absent: Kliner 2. The subject property is an approximately 2.485-acre site that is currently undeveloped. The applicant is requesting a zoning change to construct a new “extended stay” hotel with a restaurant with accessory alcoholic beverage sales for on premises consumption. 3. The 2017 Imagine Irving Comprehensive Plan Future Land Use Map recommends Business District for this property. This use is described as a flexible use district for retail, office and commercial uses. It consists predominantly of mid-rise with a mix of surface and structured parking. The requested zoning is in conformance with the Comprehensive Plan. 4. The applicant proposes a 21-story, 200 room “extended stay” hotel with a full-service restaurant, café, bar, meeting space, a fitness center, full-service spa, outdoor pool/bar, and other amenities. The rooms include studios with kitchenettes, and one-, two- and three-bedroom suites with full kitchens. Suites range from 500 sq. ft. to 2,500 sq. ft. in size. 5. The current Hotel Development Standards are codified as Section 3.10 of the Unified Development Code (UDC). The proposed hotel will not require any variances and meets all the current Hotel Development Standards. Additionally, the proposed hotel exceeds the requirements proposed by the ICVB. The primary hotel standards are outlined below: Requirement Proposed Room Count 200 200 Room size 300 sq. ft. Between 500 and 2,500 sq. ft. Parking (includes rooms, restaurants, bars and meeting rooms) 394 spaces 398 spaces Meeting Space 5,000 sq. ft. 6,000 sq. ft. Recreation facilities 1,000 sq. ft. Approx. 1,500 sq. ft. pool, plus gym, spa, and game room Restaurant Full-service restaurant Full-service restaurant, café, bar, and pool bar Furnishings Fully furnished Fully furnished Housekeeping Daily Daily 6. The hotel will be 21 stories with a gross area of approximately 439,000 square feet. It includes a six-story garage with 5 levels of parking and a roof-top pool and recreation area. Limited surface parking will also be available. Dining facilities include: a. A 150-seat full-service restaurant b. A 100-seat café c. A 100-seat bar d. A 25-seat pool bar Room service will also be available. 7. All landscaping and setback requirements will be met. 8. The site will have access from Greenway Drive and will also be required to have cross access with the site to the west when they apply for their building permit. A total of 394 spaces are required and 398 will be provided with a combination of surface parking and an attached parking garage. 9. With this type of extended stay hotel concept, the guest rooms provided for rent are larger and can be rented for extended time periods. They typically cater to those traveling long-term for corporate housing, military assignments, student housing, or temporary housing. 10. Since the proposed development is in conformance with the Comprehensive Plan and meets all the Hotel Development Standards in the Unified Development Code, staff can support this request. 11. A total of 10 public notices were mailed. Staff has not received any responses in support or in opposition to this request. Recommendation The ordinance be adopted per the recommendation of the Planning and Zoning Commission.
39 Ordinance - UDC21-0003 - Considering Amending Unified Development Code Section 1.12.5 "Administrative Amendments to Approved Site Plan" to Clarify the Parameters for Amendments and Provide Criteria for Administrative Amendments to Multifamily Concept Plans Administrative Comments 1. This item has been recommended by the Planning and Community Development Department. 2. The Planning and Zoning Commission recommended Approval on March 7, 2022 by a vote of 8-0. Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, Joy, Patel, and Prichard Commissioner absent: Kliner 3. Amendments are proposed in order to provide clarification for the applicant/developer and staff as to what may be allowed as an Administrative Amendment vs. what must be revised through the zoning process. 4. It is common for minor adjustments to be necessary after Site Plan (SP) approval and during detailed design and construction. The current ordinance does not provide quantifiable measures to the customer or staff, opening it to confusion and differences in interpretation. No parameters exist for minor amendments to Multi Family Concept Plan standards other than a change in “character or configuration” which is subjective. 5. The current considerations for all minor amendments include: • Complies with city ordinances • Does not change the character or intent • Does not alter the relationship to adjacent properties • Does not change uses • Does not change lighting or signs unless complies with code • Does not decrease open space or landscaping • Does not decrease height, fencing, or screening 6. The proposed amendments will: • Quantify maximum percentages (%) of what can be administratively approved • Clarify that Multi Family Concept Plans can be minimally revised with similar quantifiable parameters • Require reprocessing of a case for any changes greater than specified % • Add specific considerations for effects on traffic, drainage, and utilities • Create separate considerations for mixed use/form based developments, and • Allow a small increase of patron seating (10%) for RAB/restaurants with parking Recommendation The ordinance be adopted.
40 Ordinance - UDC21-0004 - Considering Amending Unified Development Code Section 3.5 "Convenience Store Design Standards" to Update the Definition and Provide for Applicability of the Section to Expansions or Conversions of Buildings Administrative Comments 1. This item has been recommended by the Planning and Community Development Department. 2. The Planning and Zoning Commission recommended Approval on March 7, 2022 by a vote of 8-0. Commissioners in support: Cronenwett, Collins, McPhail, Burns, Spurlock, Joy, Patel, and Prichard Commissioner absent: Kliner 3. The amendments are proposed in order to provide clarity in the definition and consistency in the application of the standards to existing buildings. 4. Concerns include: an unclear definition of “convenience stores”, changes to state law no longer allowing the city to enforce building design standards, that properties developed prior to standards are challenged to comply with new requirements, and that different requirements for convenience stores than for other types of retail establishments. 5. The Convenience Store Design Standards were created after a November 2008 election to permit retail package store sales. Subsequent ordinances such as these design standards were adopted to mitigate concerns about potentially harmful or negative effects such as amendments to the distance measurement from a church, school, or hospital and a Convenience Store Crime Prevention ordinance. 6. The definition of a Convenience Store is: Any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than 10,000 sq. ft. of retail floor space. Convenience goods means basic food, beverage, tobacco products, household and/or pharmaceutical items. 7. The current standards (masonry construction, articulation, etc.) apply to all new convenience stores and to existing buildings proposed to be changed to a convenience store from any other use. Stores being expanded by 30% or more of building area, or being remodeled if remodeling value is at least 25% of current value, must comply with landscaping, screening, parking, loading, building codes and accessibility requirements and remove any pole signs (except along highways) prior to issuance of C.O. The standards also increase the parking requirement for convenience stores. 8. The proposed amendments include: 1) Clarify the definition to identify that actual “convenience stores” sell a variety of items to include food, beverages, tobacco products, household and pharmaceutical items in one retail business. 3.5 (a)(1) For purposes of this section, convenience store means any business that is primarily engaged in the retail sale of convenience goods, or both convenience goods and gasoline, and has less than ten thousand (10,000) square feet of retail floor space. Convenience store does not include any business where there is no retail floor space accessible to the public. (2) For purposes of this section, convenience goods means basic food, beverage, tobacco products, household and pharmaceutical items. 2) Repeal regulations that treat buildings used for convenience store use that are expanding or remodeling differently from other types of commercial buildings expanding or remodeling and treat similar to nonconforming regulations. 3) Repeal regulations that treat buildings converting from another use to a convenience store use differently from other types of retail stores changing use. 4) Not require removal of any existing pole signs, and 5) Not require compliance with current requirements for commercial design standards, landscaping, screening, etc. unless change is greater than 51% of value. Recommendation The Ordinance be adopted
APPOINTMENTS AND REPORTS Resolution - Board Appointment to the Planning and Zoning Commission to an Unexpired Term Administrative Comments 1. This item is recommended by the City Secretary’s Office. 2. Impact: Appointment of Irving residents or qualified members to boards and commissions assures that our residents have a voice in city government. 3. The position under consideration includes one appointment to the Planning and Zoning Commission. Recommendation The resolution be approved.