AGENDA

MEETING OF THE IRVING CITY COUNCIL

THURSDAY, APRIL 21, 2011

COUNCIL CHAMBER - CIVIC CENTER COMPLEX

825 WEST IRVING BOULEVARD

IRVING, TEXAS
~

11:00 A.M. -- CITY COUNCIL WORK SESSION -- WEDNESDAY, APRIL 20, 2011 -- FIRST FLOOR CITY COUNCIL
CONFERENCE ROOM -- CIVIC CENTER COMPLEX -- 825 WEST IRVING BOULEVARD -- IRVING, TEXAS

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

City Council Conference Room Or City Council
Chamber Conference Room, Civic Center
Complex
7:00 P.M. ------------------------------------------------------------ Organizational Service Announcements

Invocation

Pastor Patrick Wooten, Grace Point Church

Pledge Of Allegiance

Proclamations, Announcements, and Special Recognitions

Public Hearing: Items 1 through 24

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

THE FOLLOWING DAY IN THE COUNCIL CHAMBER.

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

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

City Council Agenda 04/21/2011 1

 CITY COUNCIL AGENDA
1 City Operations Update

CONSENT AGENDA
2. Approving work session minutes for Wednesday, April 06, 2011

3. Approving regular meeting minutes for Thursday, April 07, 2011

4 Resolution -- Approving an Amendment to the Texas Traffic Safety

Program Grant Agreement Between the City of Irving and the State of
Texas, Acting by and through the Texas Department of Transportation, for
a Selective Traffic Enforcement Program (STEP) Grant
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. Impact: This grant provides for overtime expenses to increase safety belt usage,
increase driver compliance with posted speed limits, and decrease impaired driving
and alcohol-related crashes.
3. This grant was approved by Council on September 18, 2008, and is effective until
September 30, 2011.
4. The Texas Department of Transportation has notified the City of Irving that the
State of Texas has reduced the amount of this year’s grant by 30%. The change to
the grant is listed below:
Original TxDOT reimbursement $128,507.50, City’s match $69,651.38
Proposed TxDOT reimbursement $89,777.50, City’s match $49,099.83
Recommendation
The resolution be approved.

5 Resolution -- Approving Partial Settlement - City of Irving and Fred Curtis

v. Aetna Fire Underwriters Insurance Company n/k/a Ace Fire Underwriters
Insurance Company, Pacific Employers Insurance Company n/k/a Ace Fire
Underwriters Insurance Company, and State National Insurance Company,
Inc.
Administrative Comments
1. This item supports Strategic Goal No. 8 Sound Governance.
2. Impact: Settlement if authorized would resolve the portion of the lawsuit against
Aetna Fire Underwriters Insurance Company n/k/a Ace Fire Underwriters Insurance
Company, Pacific Employers Insurance Company n/k/a Ace Fire Underwriters
Insurance Company and recover city funds disbursed in the settlement of the of the
lawsuit styled Donald W. Good v. City of Irving, et al.

City Council Agenda 04/21/2011 2

 Recommendation
The resolution be approved.

6 Resolution -- Approving an Agreement Between the City of Irving and The

Texas Department of Transportation (TxDOT) for Gateway Monument
Signs
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Impact: This agreement will authorize TxDOT to construct, at its cost, city gateway
monument signs along Irving Boulevard in the TxDOT right-of-way with the City of
Irving being responsible for maintenance of the project.
3. In addition to the monument signs, the project will include raised landscape beds,
concrete pavers, native grasses, perennials, shade trees and irrigation.
4. Keep Irving Beautiful was instrumental in obtaining construction funding provided by
TxDOT in the amount of $310,000.00. The Capital Improvement Program
Department provided design services with no city funds going toward construction.
The city’s expenditure was $8,145.00 on installation of water meters.
5. The improvements will be located at the eastern end of SH 356, east of Loop 12
and on the western end of SH 356 at Willow Creek Drive.
6. The project has been bid through TxDOT with a low bid of $309,272.17.
7. Installation should start by May 1, 2011.
Recommendation
The resolution be approved.

7 Resolution -- Approving an Agreement between the City of Irving and The

Garland Company, Inc., (dba) Design-Build Solutions, Inc., to Replace the
Roof at the Senter Park Recreation Center
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: The project will repair numerous existing leaks in the entire building roof to
prevent water damage to the building and gymnasium wood floor. This will
eliminate unsafe conditions for visitors of the recreation center.
3. This project is being awarded through the U.S. Communities Cooperative Buying
Program.
4. The existing membrane roof system is approximately 20 years old and has reached
the end of the useful life of the roof. The existing metal roof system is
approximately 40 years old.
5. The new roofing system consists of a multi-ply membrane system and weatherproof
coating for the metal roof.

City Council Agenda 04/21/2011 3

 6. The contract will take effect with approval and provides 90 calendar days to
complete the work.
7. Funding in the amount of $350,832.00 is available in the Building Improvement
Bond Fund.
Recommendation
The resolution be approved.

8 Resolution -- Rejecting Bids for the Hospital District Greenspace Project

Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational and Educational
Environments.
2. Impact: The rejection of all bids will allow staff to act as the general contractor and
pursue the completion of the project within the budgeted amount.
3. All seven bids received were over the budget amount. The low bidder was
approximately $60,000.00 over budget.
4. Staff will pursue bidding various parts of the project including concrete work, bridge
installation, irrigation and fencing work through the purchasing procedures.
5. Staff’s role as general contractor will save overhead and mark-up of subcontractor
bids and make this project feasible within the budgeted funds.
Recommendation
The resolution be approved.

9 Resolution -- Approving an Addendum to an Agreement Between City of

Irving and DART to Reallocate Local Assisting Program Funds to Offset
the Cost of Construction of Belt Line Grade Separation Project.
Administrative Comments
1. This item supports Strategic Goal No 9: Infrastructure Network.
2. Impact: This agreement allows for the consolidation of previously approved
unexpended DART LAP funds to redirect to the Belt Line Grade Separation Project.
3. Funds in the amount of $356,785.75 from the MacArthur Oakdale to Hunter Ferrell
Project and $3,065.00 Un-programmed Fund for a total of $359,850.75 will be
reallocated to Belt Line Grade Separation Project.
Recommendation
The resolution be approved.

City Council Agenda 04/21/2011 4

10 Resolution -- Approving an Agreement Between the City of Irving and
DART to Release Local Assisting Program Funds to Offset the Cost of the
Hunter Ferrell Improvement Project.
Administrative Comments
1. This item supports Strategic Goal No. 9: Infrastructure Network.
2. Impact: This will fulfill the City of Irving’s obligation for the reconstruction of Hunter
Ferrell Road between MacArthur Boulevard and Belt Line Road.
3. Dallas County Commissioners Court awarded the contract on March 1, 2011 and
work is expected begin on May 16, 2011.
4. The contract bid price for the project is $23,514,000.00 with the City of Irving being
responsible for 49% of the total project cost.
5. In addition to Irving’s cost share, Dallas County share of project is $7,647,350.00,
Grand Prairie share is $4,187,400.00. City of Irving is responsible for
$3,459,950.00, with $8,220,000.00 from the DART LAP funds.
6. City of Irving’s additional contract items: City of Irving Water Improvements
$689,114.23, Sanitary Sewer Improvement $263,170.69, Sidewalks Landscaping
and Bridge Improvements $206,053.52.
7. Funding in the amount of $1,158,338.44 is available in the Water, Sanitary Sewer
and Street Bond funds.
Recommendation
The resolution be approved.

11 Resolution -- Authorizing the Mayor to Sign a Sponsorship Agreement

Between the City of Irving on Behalf of the Irving Convention and Visitors
Bureau (ICVB) and the Salesmanship Club Charitable Golf of Dallas for the
2011 HP Byron Nelson Championship
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: The sponsorship agreement will provide the ICVB specific opportunities to
interact with clients/customers to promote tourism and the convention and hotel
industry.
3. The agreement includes the Host City Sponsorship, Media Center Co-Sponsorship,
and amenities as outlined in the sponsorship agreement. Through its sponsorship,
the City has a very visible part in the tournament including having ICVB staff on-site
in the media room throughout the tournament plus the continued participation by
City dignitaries at the opening and closing ceremonies.
4. Funding in the amount of $179,000.00 is available in the ICVB General Fund.
Recommendation
The resolution be approved.

City Council Agenda 04/21/2011 5

12 Resolution -- Approving Amendment No. 3 to the Agreement with HC Beck,
Ltd. for Project Management Services Related to the Design and
Construction of the Irving Convention Center
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development; 3.9 Coordinate
development of the Regional Activity District and Entertainment Center.
2. Impact: The agreement has impacted the City of Irving residents through the
building of a convention center which is generating additional visitor spending in
Irving.
3. City Council Resolution No. 2-21-08-085, the initial award to HC Beck, Ltd. for
Owner Representation Services, authorized a total amount of $1.2 million, including
an Incentive Pay Option Provision of $120,000. Even though the Resolution
included this amount, the agreement requires the City Council approve this
Provision.
4. As Project Manager, HC Beck, Ltd. has provided services throughout the duration
of the project, resulting in early completion of the project, with a cumulative cost
savings of almost $24 million from the initial design’s cost projections. (For
example, initial review by Beck of the schematic design determined that the building
size as drawn was substantially larger than the programmed square footage, by
13%, which was impacting projected costs significantly. It also was Beck’s
recommendation to advance both the steel and copper awards for the project, well
ahead of completed design documents, in order to achieve significant cost and time
savings.)
5. Through Beck’s efforts in coordinating between the construction firm and the city
inspections team, early beneficial occupancy was achieved for the office spaces on
December 18, 2010, allowing the Convention and Visitors Bureau to move out of its
offices ahead of schedule, thus not requiring a costly lease extension. The early
beneficial occupancy was also structured for both key storage and kitchen spaces
in the facility, allowing early move-in of labor-intensive storage items and burn-in of
kitchen equipment. The Final Certificate of Occupancy was issued by the City on
January 17, 2011, four days ahead of schedule, allowing invaluable additional time
and cost-savings of additional temporary personnel to begin room set-ups in
advance of the State of the City and Zestfest.
6. In addition to the early occupancy delivery, the project was delivered under-budget.
This has allowed post-occupancy projects to continue using project savings,
including items initially eliminated at closing due to the decreased budget, including:
additional accommodations for disabled patrons, a bathroom in the east green
room, window shades in the café, the addition of copper to the parking garage and
its repainting, and a security fence to further protect the loading dock area.
7. Additional post-occupancy projects are underway to accommodate specific requests
from the Las Colinas Association for the temporary parking lot on the construction
staging site, and for diffusing the parking garage lighting. As well, the Las Colinas
Association is working with Beck and the ICVB on potential marquee signage
options. All of these will be accommodated within project savings and remaining
contingencies, and will still result in the delivery of the final, and now enhanced
project scope, under budget.

City Council Agenda 04/21/2011 6

 8. Cumulative cost-savings contributions provided by Beck have been reported to the
ICVB Board of Directors on a monthly basis throughout the project. Reports have
included initial budget, value-engineering savings, guaranteed maximum price
buyout savings, and construction administration savings.
9. The initial proposal received from Beck proposed a higher flat fee for services; city
staff negotiated that contract to a lower base fee, but included an Incentive Pay
Option Provision of up to $120,000.00, contingent on early completion of the project
with documented cost savings without sacrificing project scope or quality. A detailed
listing of Beck’s ongoing value-engineering and cost-savings contributions is
attached. This Amendment No. 3 does not change the total amount awarded, but is
necessary to authorize the incentive payment.
10. At their March 24, 2011 meeting, the Destination Development Committee of the
ICVB Board of Directors by consensus unanimously supported the Incentive
Payment for HC Beck, Ltd., as allowed in the agreement.
11. Funding in the amount of $120,000.00 was authorized in Resolution 2-21-08-085
and remains available in the Convention Center Fund; the project remains under
budget.
Recommendation
The resolution be approved.

Bid & Purchasing Items

Items 13 - 19

13 Resolution -- Renewing the Annual Contract with GST Public Safety

Supply, for Police Department Uniforms
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. This item has been recommended by Police.
3. Impact: Officers are able to perform their duties more efficiently in a uniform that is
more comfortable and durable.
4. This renewal establishes the continuation of an annual contract to provide police
uniforms. The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated amount of $220,000.00 for the two-year contract
renewal is available in the General Fund.
FY2010-11 FY2011-12 FY2012-13
Est. Exp. Est. Exp. Est. Exp. Total
Vendor (May – Sep) (Oct – Sep) (Oct - Apr) Est. Exp.
GST Public
Safety Supply $55,000.00 $110,000.00 $55,000.00 $220,000.00
Recommendation
The resolution be approved.

City Council Agenda 04/21/2011 7

14 Resolution -- Approving the Purchase from Sam Pack’s Five Star Ford for
Two Ford F-250 X 3/4 Ton Pickup Trucks with Chassis Mount Animal
Control Units through the State of Texas Procurement Support Services
(TPASS)
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. This item has been recommended by Police/Animal Services Department
3. Impact: Purchasing the listed vehicles will replace high mileage vehicles, reducing
maintenance costs and the down time. Higher mileage vehicles become a safety
hazard for animals, animal service officers, Irving’s residents, and visitors.
4. This purchase is for two 2011 ¾ Ton Ford Pickup Trucks with Animal Transport
Units. This is a budgeted replacement for city tag #17010, a 2001 Chevy truck; and
city tag #17012, a 2001 F250 truck; which are being retired due to age and history
of maintenance repair costs as per the city equipment replacement policy. This
purchasing utilizes Texas Procurement and Support Services (TPASS) 072-A1.
5. Funding in the net amount of $109,394.46 is available in the Equipment
Replacement Fund.
Vendor Vehicle 1 Vehicle 2
(one time purchase) Total Amount Total Amount Total Expenditure

Sam Pack’s Five Star $54,697.23 $54,697.23 $109,394.46

Ford
Recommendation
The resolution be approved.

15 Resolution -- Renewing the Annual Contract with LifeProtection

Maintenance & Consulting, Inc., for Monitoring, Maintenance, and
Inspection of Alarm Systems
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. This item has been recommended by Capital Improvement Program, Parks &
Recreation, Water Utilities, Solid Waste Services, and Irving Arts Center.
3. Impact: This service protects city employees and buildings by ensuring the proper
operation and monitoring of fire and burglar alarms.
4. This renewal establishes the continuation of an annual contract to provide alarm
services which include alarm monitoring, maintenance, inspection and services.
The original contract was awarded on the basis of competitive bids.
5. Funding in the net estimated annual amount of $149,280.00 for this two-year
contract renewal and is available in the General Fund, Irving Arts General Fund,
and Water & Sewer System Fund, subject to funds being appropriated in Fiscal
Years 2011-12 and 2012-13.

City Council Agenda 04/21/2011 8

 Vendor FY2010-11 Future Future Total Estimated
June 1, 2011- FY2011-2012 FY2012-2013 2 Years
Sept. 30,2011 Oct 1, 2011 – Oct. 1, 2012 – Expenditure
Sept. 30, 2012 May 31, 2013

LifeProtection
Maintenance & $35,070.00 $74,640.00 $39,570.00 $149,280.00
Consulting
Incorporated

Recommendation
The resolution be approved.

16 Resolution -- Renewing the Annual Contract to ACS Government Systems

Inc., for Banner Software Maintenance
Administrative Comments
1. This item supports Strategic Goal No. 8: Sound Governance.
2. This item has been recommended by Information Technology.
3. Impact: The city’s financial, human resources, and payroll systems are provided
through Banner software. Maintenance of Banner software is necessary for support
of the city’s financial, human resources, and payroll systems.
4. This renewal establishes continuation of a sole source annual contract to provide
Banner software maintenance. The original contract was awarded on the basis of
competitive bids.
5. Funding in the net amount of $238,910.52, split into $59,727.63 per year for the
four- year period, is available in the General Fund.
Vendor FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Total
Expenditure Expenditure Expenditure Expenditure Expenditure
Affiliated $59,727.63 $59,727.63 $59,727.63 $59,727.63 $238,910.52
Computer
Services,
Inc.
Recommendation
The resolution be approved.

City Council Agenda 04/21/2011 9

17 Resolution -- Approving and Accepting the Bid from DataWorks Plus, LLC,
for Photo Management System Software
Administrative Comments
1. This item supports Strategic Goal No. 4: Safe and Secure City.
2. This items has been recommended by Information Technology.
3. Impact: The DataWorks Plus software provides the ability to implement an efficient,
easy to use, standardized system to download pictures captured for imagery
evidence from a variety of crime scenes, by over 200 officers and ensure availability
for tracking and viewing. The software enables storage and electronic sharing of
digital images in universally accepted formats (i.e., jpegs, mpegs, etc.) without
requiring proprietary software conversions.
4. The vendor will provide standard maintenance for the term of the contract.
5. A review committee evaluated all proposals and DataWorks received the highest
score for this best-value bid package.
6. Funding in the amount of $67,100.00 is available in the Local Law Enforcement
Block Grant Fund.
Vendor FY 2010-11 Expenditure Total Expenditure
DataWorks Plus, LLC $67,100.00 $67,100.00

Recommendation
The resolution be approved.

18 Resolution -- Approving the Leases with Xerox for Replacement Copiers

Utilizing the Cooperative Purchasing Network (TCPN) Program
Administrative Comments
1. This item supports Strategic Goals No. 8: Sound Governance and No. 10:
Environmentally Sustainable Community.
2. This item has been recommended by Information Technology.
3. Impact: These leased replacement copiers will provide the city with more
technically advanced products at an estimated annual cost avoidance of $230,000.
This contract will decrease electrical consumption, and minimize waste, while
reducing expenditures.
4. After an extensive evaluation process, Information Technology standardized the
city’s copiers by selecting Xerox as the manufacturer and establishing the city’s
standard copier replacements. The city will continue leasing copiers using a 50-
month lease option to avoid upfront purchase costs and recurring maintenance
costs.

City Council Agenda 04/21/2011 10

 5. The city currently has over 300 print devices and 72 leased copiers of which 32
leases have expired or will be expiring this upcoming fiscal year. The remaining
copiers will be replaced with the standard units using the best pricing available
through the cooperative purchase program of each lease expires.
6. Information Technology and Xerox worked closely with individual departments to
determine each department’s specific needs and selected the appropriate options
that best fit those needs.
7 All replacement units will have the Image Overwrite Security package option to
ensure the integrity of sensitive data.
8. The city also participates in Xerox’s Recycling program for returning/recycling used
toner and print cartridges.
9. Funding in the net estimated annual amount of $434,628.00 for a total of
$1,810,950.00 for a 50-month lease contract is available in various funds.

Vendor FY 2010-11 Future Future Future Future Total Est.

(May 2011- FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Amount
Sept 2011) (Oct 2011- (Oct 2012- (Oct 2013- (Oct 2014-
Sept 2012) Sept 2013) Sept 2014) June 2015)
Xerox $181,095.00 $434,628.00 $434,628.00 $434,628.00 $325,971.00 $1,810,950.00
Inc.
Recommendation
The resolution be approved.

19 Resolution -- Approving and Accepting the Bid from Ruiz Protective

Services, Inc., for Security Service at Irving Arts Center
Administrative Comments
1. This item supports Strategic Goal No. 7: Cultural, Recreational, and Educational
Environments.
2. This item has been recommended by Irving Arts Center.
3. Impact: This service provides a safe environment for residents, city staff, visitors
and the artifacts during the Genghis Khan Exhibit.
4. The contract provides security services at the Irving Arts Center. This contract is for
the Genghis Khan Exhibition to be held at the Irving Arts Center from May 18, 2011
to October 11, 2011. Two security officers will be onsite 24 hours per day for the
duration of the exhibit.
5. In order to provide these security services in-house it would be necessary to hire
additional security staff at the current starting rate of $15.39 an hour for the total of
7,056 hours. Therefore, by contracting for these security services at $10.91 an
hour the city will avoid at least $31,611.00.
6. Minority- and/or Women-owned Business (M/WBE) participation of this award is
100%.

City Council Agenda 04/21/2011 11

 7. Funding in the net estimated amount of $76,981.00 is available in the Irving Arts
Center Genghis Khan General Fund.

FY2010-11 Total
Vendor Est. Exp. (May – Oct) Est. Exp.
(current FY)
Ruiz Protection
Services, Inc $76,981.00 $76,981.00
Recommendation
The resolution be approved.

End of Bids

20 Ordinance -- Authorizing the Abandonment of a Portion of a Public Utility

Easement on Block 25, Eighth Installment of the Northgate West Addition
Located at 3501 N. MacArthur Boulevard
Administrative Comments
1. This item supports Strategic Goal No. 3: Economic Development.
2. Impact: This abandonment will allow for redevelopment of the property with a new
Senior Care Facility.
3. The partial abandonment of the public utility easement will allow the placement of
the building closer to the property line to allow room for the parking as well as
accommodating the new larger building.
4. The requirements of the City of Irving have been satisfied and there are no
objections to the request.
Recommendation
The ordinance be adopted.

City Council Agenda 04/21/2011 12

 ZONING CASES AND COMPANION ITEMS
21 Ordinance -- Amending the Comprehensive Plan to Change the
Recommended Land Use from Retail to Light Commercial and Granting S-
P-2 (Generalized Site Plan) for Retail and Mini-Warehouse with Caretaker's
Quarters Uses in Zoning Case #ZC10-0050 - Approximately 7.2 Acres
Located on the Southwest Corner of State Highway 161 and Walnut Hill
Lane - Assured Group, Applicant - Don Valk, Owner (Postponed from
March 24, 2011)
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: January 3,
2011 – Favorable, 5-2 (Commissioners Fischer, Zapanta, nay; Commissioners
Allen, Palmer, absent), with the stipulation that all required trees on Walnut Hill be
included in Phase 1, and that no Certificate of Occupancy be granted for a Phase 1
mini-storage building until the Phase 1 retail is constructed.

3. The applicant is requesting a Comprehensive Plan Amendment and zoning change

to allow retail and mini-warehouse uses.

4. The Comprehensive Plan’s Future Land Use Map recommends Retail uses for this
property. This request is not in conformance with the Comprehensive Plan. The
applicant has provided a request to revise the land use to allow Commercial uses to
allow mini-warehouse uses. The applicant has not provided justification why mini-
warehouse uses are appropriate for this area; rather, the applicant simply states why
they believe retail has a limited viability at this location.

5. The subject tract is currently undeveloped. It is bounded on three sides by Walnut

Hill Lane, Northstar Drive, and State Highway 161. The property is adjacent to an
existing office development to the south. The property is within the Airport/State
Highway 161 Overlay District. The applicant is proposing a Generalized Site Plan for
C-N Neighborhood Commercial uses with the additional use of mini-warehouse with
a caretaker’s quarters. The applicant was asked to provide a concept plan with
landscaping and elevations.

6. The applicant is proposing 73,900 sq. ft. of mini-warehouse space in nine buildings,
with an office and caretaker’s quarters. An additional 24,200 sq. ft. of retail space is
proposed, fronting on Walnut Hill and SH 161 that will allow retail, restaurant, or
office uses. This retail area was provided at the recommendation of staff to create a
more mixed-use development. However, only 6000 sq. ft. of retail is shown in Phase
1, and there is no guarantee that Phase 2 will ever be built.

7. The applicant was asked to provide an example of a development of theirs that

included at least 15,000 square feet of retail as a component of the project, as this
request does. The applicant was unable to provide evidence of a similar retail and
mini-warehouse development among the 21 Dallas/Fort Worth area locations the
applicant operates. Staff believes that this amount of retail will be not be completed
by the applicant, and the project will remain simply a mini-warehouse development.

City Council Agenda 04/21/2011 13

 8. The applicant is providing 15 spaces for the mini-warehouse for Phase I or one
space per 4900 sq. ft. This has been an acceptable ratio of parking provided for self-
storage uses previously. The applicant is also providing 122 spaces for retail uses.
37 of those spaces are proposed in Phase 1; 85 of those spaces will not be included
until Phase 2 is developed.

9. The applicant must comply with the City’s landscaping ordinances for property
fronting on State Highway 161 and Walnut Hill. Phase 1 landscaping will consist of
all required landscaping along the SH 161 frontage and the corner of SH 161 and
Walnut Hill. The applicant is proposing planting the required trees in the interior
parkway on Walnut Hill for Phase 1. Required screening shrubs for parking on
Walnut Hill will be provided at the time of Phase 2 development.

10. The applicant also must comply with the Airport/State Highway 161 Overlay district
requirements for building materials. Elevations provided show architecture with two
masonry materials and building articulation that complies with the overlay district.

11. The applicant has been asked to provide a right turn lane from east-bound Walnut
Hill onto the 161 frontage road as part of the access to the site on the east side.
The property was platted in 2007 and a right turn lane was not required at that
time. The State of Texas may require a traffic impact analysis as part of this
development, due to the fact that the new proposed driveway operation on SH 161
will change by the additional traffic generated by this proposed development. It is
possible that the new traffic generated by this development will exceed the
driveway volume threshold that will require this developer to dedicate and
construct a right-turn lane. However, this is a TxDOT requirement, and staff has
provided this information to the applicant for his reference. The applicant is not
including a right turn lane as part of this proposal.

12. Staff cannot support mini-warehouse uses as a component of the development at

this location. Staff believes office and retail uses are more appropriate for this
major intersection, as indicated by the Comprehensive Plan. It is important to note
that the site plan is divided into two phases. Only one retail building is included in
Phase 1. The majority of the retail area is included in Phase 2, and with no time
table for the complete retail development, it is possible that Phase 2 may never be
built. Staff cannot support mini-warehouse uses at a major intersection and
gateway on SH 161, or as a compatible land use adjacent to office uses and any
future highway development.

13. The stipulation of the Planning and Zoning Commission has been met.

14. Notices were mailed to thirty-eight (38) property owners within 200 feet of the
subject property, with no letters received in support, one (1) letter of inquiry and
three (3) notices received in opposition. The opposition represents 24.8% of the
property within 200 feet. A ¾ vote of the City Council is required to approve this
request.

15. This item was postponed from February 17, 2011 and March 24, 2011 per the
applicant’s request.

City Council Agenda 04/21/2011 14

 Recommendation
The request be denied.

22 Ordinance -- Zoning Case #ZC11-0004 - Granting S-P-2 (Generalized Site

Plan) for R-MF-2 (Multifamily) Uses, and Approving Multifamily Concept
Plan MF11-0001 - Approximately 12.21 Acres Located on the North Side of
Spur 348, West of Riverside Drive - Womack + Hamption, Applicant -
Lincoln Northwest Phase 2, LP, Owner
Administrative Comments
1. This item supports Strategic Goal No. 1: Land Use.
2. Planning and Zoning Commission Hearing Date and Recommendation: April 4,
2011 – Favorable, with the stipulation that “handicap” be changed to “accessible”
in General Note #20 and #23, and in the summary, and the spelling of “minimum”
in General Note #31 be corrected, by a vote of 7-0 (Commissioners Fischer and
Webb, absent).
3. The applicant is requesting a zoning change to allow a 274-unit multifamily
development.
4. The Comprehensive Plan’s Future Land Use Map recommends Multiple Family,
High Density Residential uses for this property. This request is in conformance with
the Comprehensive Plan.
5. The subject tract was zoned as part of a Transit Oriented Development in 2007.
That zoning case divided the property into two phases, and divided each phase into
two zoning classifications. Each phase allowed a four-story TOD building with 355
units in each building with a central parking garage in the interior of the site, and S-
P-2 for R-MF-2 development along the outer portion of each phase for a total of 978
units at a density of 35.9 units per acre at build-out. Phase 1 was completely built-
out for both the TOD and R-MF-2 sections of the development.
6. As a TOD development, these units do not count toward the unit cap for new
multifamily constructed outside the Urban Center. Since these units are proposed to
be removed from the TOD, the Phase 2 units will count against the multifamily cap
in the remainder of the city. A total of 274 units will be added, making a total of 2710
units of the 4326 units allocated to the rest of the city.
7. Phase 2 has not been developed. The applicant is requesting to rezone and
develop the TOD-zoned portion of Phase 2 identically to the existing multifamily
portion of Phase 1. This would create a total of 274 units in Phase 2, or 22.6
dwellings units per acre. The central parking garage has been removed from the
site plan in favor of individual unit garages and tandem parking spaces. A pool is
also provided. The new proposed multifamily will be designed to function and blend
with the previously proposed multifamily units to create a unified development. The
required open space and child play area will remain the same.

City Council Agenda 04/21/2011 15

 8. The applicant is proposing the following variances to the multifamily development
standards:
a The maximum density for R-MF-2 is 18 units per acre. 22.6 units per acre is
proposed. This is a reduction from the currently approved density of 34.8%.
b. Minimum end to end building separation must be 30 feet or greater. End to end
separation of 27‘ 8” proposed.
c.. Maximum of 10 parking spaces between 8 foot landscaped islands. Maximum of
12 spaces proposed.
d. Buildings shall not exceed 200 feet in length. A maximum length of 285 feet
proposed.
e. Maximum height of structures is three stories or 36 feet. Maximum height of 42
feet proposed.
f. Minimum 12 foot landscape area adjacent to building. Landscape areas to vary
as shown on the plan.
g. Minimum linear drive adjacent to parking limited to 250 feet. Drive lengths to
vary as shown on the plan.

The variances to the maximum building height, maximum building length, and linear
drive length were previously allowed on the outer portions of Phase 2, as part of the
original zoning case, and are consistent with other higher-density designs as
opposed to garden-style multifamily development.

9. The proposed new buildings use the same brick and stone materials as the existing
apartments of Phase 1, with peaked tile roofs and gables.

10. Staff can support this request as a reduction in the density of this development. The
reduced height allows this property to be a buffer between the single family on the
north side of the lake and the Urban Center to the south. The variances proposed
will blend the two sites together for circulation and amenities. Given the walking
distances to the nearest station site, staff believes the proposed reduction in density
is appropriate.

11. Public comments forms were sent to fourteen (14) property owners with four (4)
responses in favor and none in opposition received.

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

APPOINTMENTS AND REPORTS

23 Mayor’s Report

24 Adjournment

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

City Council Agenda 04/21/2011 16